Terms and Conditions

Last updated: March 10-th, 2020

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and Treynix (www.treynix.com) (“we,” “us” or “our”), concerning your access to and use of the https://tiviapplive.com website (the “Site”), the developers site: https://montezumba.github.io/TiviAppDev (the “Developers Site”),  the TiviApp Live application (the “Application”) as well as any other media form, media channel, mobile website, social network page or any software related, linked, or otherwise connected thereto. The Site, the Developers Site and the Application (collectively, the “Service Provider”) were created by us to provide you some content, useful information, entertainment, commercial offer or any other service (collectively, the “Service”) as described in the About Us section of the Site. You agree that by installing, using or accessing the Service Provider, you have read, understood, and agree to be bound by all of these Terms and Conditions Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Service after the date such revised Terms are posted.

The information provided on the Service Provider is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Service.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Service (as provided by the Service Provider) is our proprietary property and all source code, databases, functionality, software, website and application designs, audio, video, text, documentation, photographs, file formats, patents, trade secrets, industrial designs and graphics on the Service Provider (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the State of Israel, foreign jurisdictions, and international conventions.  The Content and the Marks are provided on the Service Provider “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, Content and the Marks.

OPEN SOFTWARE, SERVICES AND GRAPHICS

The Service Provider may incorporate, use, call, display, adapt, change or build-upon third-party open assets such as: (1) Software (in form of source code or pre-compiled libraries) (2) Graphic Assets such as: icons, background images, splash screens, pictures, photographs, logos, videos and etc. (3) Online Services for performing online/cloud/remote operations such as: translation, geo-positioning, reporting, data retrieval and etc. (“Open Assets”)

In all cases where Open Assets are used, the Service Provider will provide information to the user about the origin of the Open Asset, its open license and any additional information required by that license such as: attribution, source code, publications and etc. The Service Provider does not have any intellectual property rights for these Open Assets, except for the rights explicitly granted to us in their respective licenses. The Open Assets will not be considered as our proprietary property and the terms in the above section are not applicable to them.

The following Open Assets are incorporated in the Service Provider:

  • For the Application: you can find a list of all Open Assets and their corresponding licenses in the About Window (by clicking on the Application main icon)
  • For the Site: you can find a list of all Open Assets and their corresponding licenses in the About Page
  • For the Developer Site: you can find a list of all Open Assets and their corresponding licenses here.
 

USER REPRESENTATIONS

By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service; (5) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Service for any illegal or unauthorized purpose;  and (7) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

USER REGISTRATION

You may be required to register with the Service Provider. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

  • Systematically retrieve data or other content from the Service Provider to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use a buying agent or purchasing agent to make purchases on the Service Provider.
  • Use the Service to advertise or offer to sell goods and services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Site.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Service Provider or the networks or services connected to the Service Provider.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use any information obtained from the Service Provider in order to harass, abuse, or harm another person.
  • Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
  • Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service Provider, or any portion of the Service.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Service Provider’s software, including but not limited to Flash, PHP, HTML, JavaScript, Java, XML or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service Provider.
  • Use the Service in a manner inconsistent with any applicable laws or regulations.
  • Use the Service in a manner that may infringe any copyright rights of third parties such as (but not limited to): our affiliates, content providers, other sites or applications, services, individuals and any other copyright holders that may be involved by using this Service.

USER GENERATED CONTRIBUTIONS

The Service Provider may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, share, distribute, or broadcast content and materials to us or on the Service Provider, including but not limited to text, writings, video, audio, photographs, source code, software, files, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party websites or applications. Furthermore, some Contributions may be originated, created, modified, uploaded, broadcasted or shared through a third-party website or application that is associated or linked with the Service Provider. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary (except when explicitly stated otherwise).  When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service Provider and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service Provider and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Service and removal/blocking of the above-mentioned Contributions from the Service Provider.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Service Provider or making Contributions accessible to the Service Provider by linking your account from the Service Provider to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.  You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

This license will not require us any kind of royalty, payment, obligation, attribution, disclosure of our source code or any other action on our behalf. If the Contribution contains open source code, it is your sole responsibility to ensure that the license of this source code does not imply any obligations on the code of the Service Provider.

We do not assert any ownership over your Contributions.  You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.  We are not liable for any statements or representations in your Contributions provided by you in any area on the Service Provider. You are solely responsible for your Contributions to the Service Provider and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Service Provider; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

CONTENT PROVIDERS

We may provide you an option to provide third-party content to our users through the Service Provider. Such content may include (but not limited to): video, audio, text, software, source code, broadcasted content, commercial content or files. This content may be provided to the Service by third-party websites or applications (collectively, “Content Provider”) that can be explicitly linked, bound, shared, displayed or published to the Service Provider.

By binding a Content Provider to our Service you agree that:

  • The Content Provider will be considered as a Contribution. All definitions, limitations, restrictions,  license aspects or any other topics related to Contributions in these Terms of Use will be applied also to the Content Provider.
  • The content that is made available to the users of our Service though the Content Provider will be considered as a Contribution. All definitions, limitations, restrictions,  license aspects or any other topics related to Contributions in these Terms of Use will be applied also to this third-party content.
  • You are the owner of the Content Provider or you have a valid license to provide content to the users of our Service.
  • You assume full responsibility for the Content Provider and for the provided third-party Content, including (but not limited to): content management, technical support, bug fixes, software updates, legal aspects, copyrights, payments, prices, software, license management and any other aspect that may be related to the Content Provider directly or indirectly.
  • You thereby represent and warrant that there is no direct association between us and the Content Provider. You also agree that we will not take any part in any possible obligation, dispute, commitment, restriction or legal action that the Content Provider may have or is involved in.
  • The Content Provider (as a third-party service) fully complies with these Terms of Use and our Privacy Policy

The following exceptions will apply on Content Providers with regards to other types of Contributions:

  • The content that is made available to the users of our Service through the Content Provider may contain some advertising and commercial material, as long as this material is legal, non-harmful, non-offensive, non-pornographic, non-political, non-violent and provided in non-disturbing matter to our users.
  • The Content Provider and its content may be considered as proprietary and may be provided to our users with some explicit, agreed limitations and restrictions. These limitations and restrictions must be provided to us in a written form, prior binding the Content Provider with our Service Provider.

GUIDELINES FOR REVIEWS

We may provide you areas on the Service Provider to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.  Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

If you access the Service via the Application, that was downloaded and installed correctly from the Google Play app distribution service (the “App Distributor”), then we grant you a revocable, non-exclusive, non-transferable, non-sublicensable, time-limited right to install and use the Application on embedded, smart or mobile devices owned or controlled by you, and to access and use the Application on such devices for non-commercial purposes, strictly in accordance with the terms and conditions of this Application license contained in these Terms of Use.

You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application; (5) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (8) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application; (10) embed, wrap or reuse the Application (or portions of it) in your own service (such as website or an application) without any written permission from us;

The license will be valid as long as you are using the latest version available on the App Distributor. To ensure that you are using the correct and latest version, you should visit the App Distributor’s application page from time to time: Google Play. We reserve the right to block, deactivate, restrict or disable some of the functionalities of the Application (or even disable it completely) in case of violation of these terms.

WHITE LABEL APPLICATION LICENSE

A White Label Application License is a special type of license provided by us to third-party individuals or organizations (the “Distributor”) that allows them to use a customized version of the Application (the “White Label Application”) for commercial purposes. This customization may contain (but not limited to): functional, appearance, design, user-interface, user control, user experience changes and adaptations that are provided by us as a premium service for the Distributor.

We may charge a fixed, periodic and non-refundable fee for this type of license. In that case, all payments should be either periodic (on a monthly basis) or in a form of a single, one-time payment. Each payment gives the Distributor the right to use this license for a limited period of time (the “Licence Period”). The License Period and the price for this type of license will be based on a written agreement between us and the Distributor (the “White Label Agreement”). The agreement (including prices and time periods) will be valid for a limited period of time, after which we reserve the right to make changes to the terms of this agreement or even cancel it.

As a Distributor you thereby represent and warrant that:

  • There is no direct association between us and the Distributor. You also agree that we will not take any part in any possible obligation, dispute, commitment, restriction or legal action that the Distributor may have or is involved in.
  • You and your users read and accepted these Terms and Conditions.

  • You and your users read and accepted the Privacy Policy statement, as referenced in these Terms and Conditions.

  • You have all the necessary licenses, rights and permissions to use all the input materials for the requested White Label Application, including but not limited to: text, video, audio, pictures, graphics, logos, banners, trademarks, patents and icons. By requesting a White Label Application you agree that we may perform some minor changes, adaptations and modifications (such as: cropping, resizing, recoloring, resampling, reformatting, translating or adjusting) to the original input material without any violations of those licenses.

  • We reserve all the intellectual property rights for the White Label Application as described in the Intellectual Property Rights section of these Terms of Use. This does not apply to the input materials that were used to create your White Label Application, as declared in the White Label Agreement.

  • We reserve the right to immediately revoke this license and deactivate the Service that is provided by the White Label Application (or portions of it) in case of any violation of these Terms of Use or if the payment for the applicable License Period was not received on time.

  • The provided Service by the White Label Application will be identical to the corresponding Service by the Application of the same version, in terms of: supported functionality and features, known issues and limitations, user experience and design or any other aspect of the Service. We shall not provide any additional support or implement any additional functionality or fix any bug except of what was initially agreed in a written form in the White Label Agreement.

  • You will have no claims and you will not request any additional support or development in case that new limitations, issues or bugs are detected in the White Label Application, as long as the same problems also exist in the original Application with the same version identification.

  • You will receive periodic updates to the Service from time to time and you agree to deliver them AS-IS to your users. You understand that by not providing your users with the latest version of the White Label Application you revoke their Standard Application License and we reserve a full right to deactivate their Service with accordance to these Terms of Use.

  • We will provide the periodic updates at the same time as we provide those updates to our standard Application. The version identification of each such update will be the same one as the version of the underlying Application. The updates will be placed by us in a shared location, as specified in the the White Label Agreement. You may copy, share or upload the White Label Application files to any other location of your choice, including (but not limited to): file servers, removable media, network locations, cloud locations, repositories or even application stores (such as Google Play). By doing that you agree that we will not be responsible for any charges, agreements, rules, conditions or limitations that may be required by such third-party companies to store those White Label Application file. Specifically: we shall not take any responsibility for removal or black-list of these files by online applications stores or similar services.

  • All the Contributions that are made through the White Label Application, including Content Providers, must follow all the rules and limitations that are mentioned in these Terms of Use. We will not be responsible for any claims regarding copyright infringement or other claims of any kind regarding the Contributions that were made through the White Label Application Service by you or your users.

If you are a Distributor and the above conditions are fully met, then we grant you a revocable, non-transferable, non-sublicensable, time-limited right to install, use, transfer, upload, send, promote, advertise, resell and provide the White Label Application to third-party users.

If you are a user that received a White Label Application from a valid Distributor, then we grant you a Standard Application License (see the section above) to use the White Label Application just as any other Service Provider with accordance to these Terms of Use. All the terms, limitations, conditions and exceptions that apply to the Application will also apply to the White Label Application.

You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the White Label Application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the White Label Application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the White Label Application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the White Label Application; (5) use the White Label Application for any purpose for which it is not designed or intended; (6) make the White Label Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the White Label Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application or the White Label Application; (8) use the White Label Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the White Label Application;

 

SOCIAL MEDIA

As part of the functionality of the Service, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Service Provider; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.  By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Service Provider via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Service Provider. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Service Provider. You will have the ability to disable the connection between your account on the Service Provider and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.  We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Service. You can deactivate the connection between the Service Provider and your Third-Party Account  by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Service Provider may contain (or you may be redirected to via the Service Provider) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, source code, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service Provider or any Third-Party Content posted on, available through, or installed from the Service Provider, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service Provider and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service Provider or relating to any applications you use or install from the Service Provider. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.  Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

BUILT-IN THIRD-PARTY CONTENT SERVICES

With the exception to the statement above, we may integrate third-party content from the following authorized third party content services (link to their terms of service):

The Service may use, display, manage or stream content from these services, such as : videos, playlists, channels, subscriptions, advertisements, names, descriptions, reviews, comments or images and enable some functionality such as: playing, commenting, browsing or selecting content from them. 

By using the Service you are agreeing to be bound by the Terms of Service agreements of each such content service.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Service Provider, such as (but not limited to): sidebar, banner, video, text, link, popup, full-screen or audio advertisements.  If you are an advertiser, you shall take full responsibility for any advertisements you place on the Service Provider and any services provided on the Service Provider or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Service Provider, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Service Provider for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service Provider or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others.  If you believe that any material available on or through the Service Provider infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).  A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to copyright law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Service Provider infringes your copyright, you should consider first contacting an attorney.

You may send us the Notification by using our contact form in which the following details must be included:

  • Your full name
  • Your email address
  • Your home/business address (including country of residence)
  • Name/identification of the suspected content in question
  • Full description of the suspected copyright infringement (including the action which, to your opinion, caused the suspected copyright infringement)
  • Information on the original copyright holder of the content in question (if you are the owner, please provide us with all necessary materials/documentation that support that claim)

Alternatively, If you are using the Application you may also send the Notification from there, by clicking on the “Report copyright infringement” link in the About window.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information or content on our Service Provider or the Service Provider itself. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.  We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

We cannot guarantee the Service will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance or updates related to the Service Provider, resulting in interruptions, delays, crashes or errors.  We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.  Nothing in these Terms of Use will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Service are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state courts located in Israel, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state.  Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Service be commenced more than one (1) year after the cause of action arose.

CORRECTIONS

There may be information on the Service Provider that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, status and various other information.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service Provider at any time, without prior notice.

DISCLAIMER

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.  YOU AGREE THAT YOUR USE OF THE PROVIDED SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE PROVIDER AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE PROVIDER’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MALFUNCTIONS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE PROVIDER, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE PROVIDER BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE PROVIDER. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE PROVIDER, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service;  (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service Provider. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 USER DATA

We will maintain certain data that you transmit to the Service Provider for the purpose of managing the Service, as well as data relating to your use of the Service.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.  You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service Provider, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE PROVIDER.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Service.  You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us.

© 2020 Built and Designed by Treynix