BeLive Studios Terms of Service
Last updated: June 19, 2017
The availability of the App and the Services may also be dependent on the third party from whom you received the App license, e.g., Android Google Play (“Google Play”), App Store (“App Store”). You acknowledge that these Terms are between you and BeLive Studios and not with Google Play or Apple, Inc.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App/website, and will apply to causes of action arising after the effective date of the change. You should continue to check the App and/or website for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes.
By accessing or using our Services, you confirm that:
Using our Services
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-sub licensable, revocable license use the Services, and, if applicable, to download, install and use a copy of our App on a mobile device or computer that you own or control and to run such copy of the App, solely for your own personal or internal business purposes. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
b. Media Uploads
Certain features of the Services, including such that provided through the App, require access to and use of your device's media storage applications (e.g., to upload a cover image for a broadcast). Although you may decide whether or not to use these features, on Android/IOS 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. 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 DEVICE TO BELIVE STUDIOS AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you submit, broadcast, upload and/or post will be subject to the terms applicable to Content, as described below.
c. 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, and the Apache License) (collectively, the “Open 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.
d. License to you
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 (other than your User Content), which shall remain with us and our respective licensors.
e. 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 provided to you “AS IS”, without any representation and/or warranty.
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.
BeLive Studios, the BeLive Studios logo, and other marks are trademarks of BeLive Studios Ltd. 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.
f. BeLive Studios Rights
All right, title, and interest in and to Services (including the Content and excluding User Content), including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of BeLive Studios and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
g. Your Account
As a condition to using our Services, you are required to register to BeLive Studios using Facebook or other means based on our discretion. 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 e-mail to firstname.lastname@example.org 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, all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Services.
h. Unauthorized Use
Do not misuse our Services.
You agree to:
(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.
(v) fully comply with any applicable Facebook Policies.
By using the Services you agree NOT to:
(i) Create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand).
(ii) 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.
(iii) use or attempt to use another's account or create a false identity;
(iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services (excluding your User Content) except as permitted in these Terms, or as expressly authorized by us;
(v) 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;
(vi) utilize or copy information, 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;
(vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, or other User Content (excluding your User Content), in whole or part;
(viii) rent, lease, loan, trade, sell/re-sell any information in the Services (excluding your User Content) in whole or part;
(ix) sell, sponsor, or otherwise monetize 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) 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
(xxi) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
(xxii) violate any applicable Facebook Policies.
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.
BeLive Studios account holders may access the Services by any of our several subscriptions:
The Lite Service and the Standard Service are hereinafter referred to as “Paid Subscriptions”.
Month-to-Month Recurring Paid Subscription. All monthly (as opposed to yearly) Paid Subscriptions are on a month-to-month recurring basis, beginning on the date we confirm that we have accepted your order for the Services and continuing for recurring one (1) month periods from the date on which you make your first payment for your chosen Paid Subscription to Services unless and until you cancel your Paid Subscription or we terminate it (in each case in accordance with these Terms). This paragraph is applicable solely to monthly Paid Subscriptions. If you purchase a Paid Subscription, then each month of your Paid Subscription beginning on the date on which your first payment is payable to us, we will charge your Payment Method and you authorize us to collect the applicable Paid Subscription payment and applicable taxes. You can cancel your monthly Paid Subscription at any time, but you must cancel your Paid Subscription before it renews for a subsequent month in order to avoid being charged for the subsequent month’s Paid Subscription fees. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE MONTHLY PERIOD THAT YOU WISH TO CANCEL YOUR PAID SUBSCRIPTION, YOU UNDERSTAND THAT YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR SUCCESSIVE ONE (1) MONTH PERIODS AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE PAID SUBSCRIPTION PAYMENT AND APPLICABLE TAXES.
The yearly Paid Subscription is a 12 month fixed term which is paid for in full in advance, and is non-recurring. In contrast to a month to month recurring Paid Subscription, it cannot be cancelled during the 12 month term by the User.
Billing Information. Should you register for a Paid Subscription, we automatically bill your Payment Method each month, on the calendar day corresponding to the commencement of your Paid Subscription, in the event of a monthly Paid Subscription, and in the event of a yearly Paid Subscription – a one time payment for the full 12 months on the calendar day corresponding to the commencement of your yearly Paid Subscription.
Sales/Use Taxes. BeLive Studios may be required to collect sales or use tax for certain purchases, including for the purchase of Paid Subscriptions. In states or regions that impose a sales or use tax, certain purchases might be subject to tax even if BeLive Studios is not required to collect sales or use tax by any particular state or region. A purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors including whether the seller is subject to a tax collection obligation in that state or region. The purchaser may be responsible for any taxes not collected by BeLive Studios. Certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of the applicable taxing authority. If BeLive Studios collects sales or use tax in connection with a purchase, the amount of the tax will either be shown prior to completion of the purchase or reflected in the final confirmation of that purchase.
Cancellation/Refund Policy. You may only cancel your Paid Subscription to the Services in accordance with these Terms. To cancel your monthly Paid Subscription, you may click “Cancel Subscription” in the Billing Information section of your Services account in the website. Cancellations will only be effective at the end of each Paid Subscription period. Except only as otherwise expressly set out in these Terms, PAID SUBSCRIPTION FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, PARTIAL REFUNDS OR CREDITS FOR PAID SUBSCRIPTIONS OR PARTIAL PAID SUBSCRIPTION PERIODS. This means that you will have continued access to the Services for the remainder of the current Paid Subscription period and will not receive a refund.
However, please note, in addition, that you have a right to cancel your Paid Subscription and receive a full refund (if we have taken any payments) at any time during the period commencing from the time at which we accept your order for the Services and ending at the end of the 14th full day after the date on which we accepted your order, but only if you have not logged in or otherwise used the Services under the Paid Subscription (“Cooling-Off Period”). If you have a Paid Subscription, you may cancel it without cause at any time, but PLEASE BE AWARE THAT ANY CANCELLATIONS MADE IN THIS WAY AFTER EXPIRY OF THE COOLING-OFF PERIOD WILL ONLY BE EFFECTIVE AT THE END OF THE RELEVANT PAID SUBSCRIPTION MONTH IN WHICH THE CANCELLATION IS MADE (AND IN THE EVENT OF A YEARLY PAID SUBSCRIPTION, CANCELLATION AFTER THE COOLING-OFF PERIOD WILL NOT ENTITLE TO ANY REFUND). This means that if you cancel for convenience after the Cooling-Off Period, you will have continued access to Services under the applicable Paid Subscription for the remainder of the then current Paid Subscription month/year (as applicable) and will not receive a refund.
BeLive Studios may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Services after the price change takes effect, you accept the new price.
k. Terminating your access to the Services
We, in our sole discretion, have the right to terminate or suspend your access to the Services (including Paid Subscription) immediately and with or without cause and/or notice, without liability, and these Terms will remain in effect, provided that with respect to termination of Paid Subscription such shall not take effect until the end of the then current Paid Subscription month/year (and we will not take any payment from you in respect of the subsequent month (or thereafter)).
1. Uploading Content
As a user-generated video platform, we allow you and other users of the Services to submit, upload, broadcast or post content (including without limitation information, video, sounds, images, photos, clips, musical works, works of authorship, usernames, data, notes, text, documents, files, messages, signs, symbols, icons, drawings, animation, graphics, charts, designs, scripts, code, audio, comments, software, applications, links, and other materials) via Facebook Live. Anything that you or other users submit, upload, broadcast and/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 submit, upload, broadcast and/or post using the Services, subject to section (b) below. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content for use on the Services. If you do not have the right to submit User Content for use on the Services, you may be subject to liability. If you believe that your copyright has been infringed, please send us a notice as set forth below.
2. License for User Content
You should only provide User Content that you are comfortable sharing with others under these Terms.
The User Content you submit, upload, broadcast, post or display will be able to be viewed by other users through Facebook Live and/or third party services and websites.
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 BeLive Studios. You agree to assign and hereby assign to BeLive Studios all rights, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist BeLive Studios in perfecting and enforcing such rights.
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 User Content (for example under other licenses).
3. Removing User Content
All User Content is the sole responsibility of the person/s who originated such User Content. We do not monitor, edit, modify, delete, remove or control the User Content posted, submitted, uploaded, broadcasted via the Services and, we cannot take responsibility for such User Content. Any use or reliance on any User Content or materials posted via the Services, obtained by you through the Services, or used by you in connection with the Services is at your own risk. We cannot be held responsible for your User Content, or third-party Content uploaded, stored, shared, or published using the Services.
4. Warranty for your User Content
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 submitting, uploading, broadcasting, posting or publishing them. By uploading, broadcasting, posting or otherwise submitting User Content to the Services, you represent and warrant that:
(i) you are entitled to upload, broadcast, post or submit the User Content;
(ii) you own or have the necessary rights and permissions 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.
(iv) your User Content or your use of the Services and related services will not infringe, violate or misappropriate any third party rights or otherwise attempt or assist in the violation of, the Intellectual Property Rights of us or any third party.
(v) you fully comply with the Facebook Policies
"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.
5. Conditions to uploading User Content
As a condition to using the Services, and as a condition to uploading, broadcasting, posting or otherwise submitting User Content to the Services, you agree to these terms, to the Facebook Policies, and to strictly observe the following:
You will not display, broadcast, 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) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
(iii) 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;
(iv) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
(v) 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;
(vi) promotes illegal drugs, escort services or prostitution, or violates export control laws, relates to illegal gambling, or illegal arms trafficking;
(vii) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(viii) is unlawful, defamatory, libelous, abusive, obscene, slanderous, 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;
(ix) 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;
(x) involves theft, money laundering or terrorism;
(xi) forges or manipulates identifiers in order to disguise the origin of any User Content or other communication transmitted through the Services; or
(xii) is otherwise malicious or fraudulent.
(xiii) you need to be nice :)
You acknowledge and agree to adhere to Facebook’s policies in connection with your use of the Services, including without limitation, Facebook’s policies (facebook.com/policies), terms of service (facebook.com/legal/terms), data policy (facebook.com/about/privacy), and such other policies, guidelines, and best practices implemented by Facebook, whether now known or hereinafter in effect (collectively “Facebook Policies”). Brand specific requirements may apply, including without limitation, community standards (facebook.com/communitystandards), brand resources (facebookbrand.com), and brand page terms (facebooks.com/page_guidelines.php). You are solely responsible for compliance with Facebook Policies in connection with your use of the Services. We cannot be held responsible for your non-compliance with Facebook Policies in connection with your use of the Services.
Third Parties' Links, Websites, and Services
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, do not endorse them, have no control over those websites, and assume no responsibility and/or liability 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.
BeLive Studios may make certain features of the Services available via your mobile phone. In addition to any charges disclosed to you by BeLive Studios, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features.
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.
Copyright and Content Policy
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, BeLive Studios 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). Notwithstanding the foregoing, please note that the Services are being provided via Facebook Live and therefore we may not have the right or ability to provide any remedy with respect to such infringement notification.
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:
Our designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
BeLive Studios Ltd.
7 Kadish Luz St,HAIFA, Israel 3215904
Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that the material you submitted, uploaded, broadcasted and/or posted was removed by mistake, and that you have the right to submit, upload, broadcast and/or 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):
Such written notice should be sent to our designated agent as follows:
BeLive Studios Ltd.
7 Kadish Luz St,HAIFA, Israel 3215904
Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
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" and "AS AVAILABLE" basis without warranty of any kind, whether express or implied.
You understand that when using the Services, you may be exposed to 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 or views 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.
We do not warrant, endorse, represent or guarantee the completeness, truthfulness, accuracy or reliability of 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 User Content that is inaccurate, harmful, 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. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, broadcasted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR 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, SATISFACTORY 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: (I) THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, (ii) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, (iii) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (IV) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (V) DEFECTS IN THE OPERATION OF THE SERVICES WILL BE CORRECTED,(VI) OR THAT THE SERVICES 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.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SERVICES, 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.
Limitation of Liability and Assignment
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, 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 ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR (AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES.
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, SHAREHOLDERS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
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.
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.
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 defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
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, 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.
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.