1.1 Welcome! The website www.ekoloko.com (the “Site”) is operated and presented to users including anyone who accesses or registers for the Site and, if the user is a minor, the parent or legal guardian (“Parent”) of that minor (together, “User, Users, You or Your”) by Virtual Tweens Ltd., 29 Harash Street, POB 7357, Hod HaSharon, Israel 45240 (“We, Our or Us”).
1.2 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE, AND CHECK THEM PERIODICALLY FOR CHANGES. ANY USE OF THE SITE IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE.
1.4 You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge, and which include, but are not limited to, Your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of Our use or display of Your Submissions (as defined below in Section 4), and the possibility of the publicity and promotion from Our use or display of Your Submissions.
2. Use of the Site
2.1 Users may access and use the Site only for personal, noncommercial, entertainment purposes, and only as long as they are in compliance with all provisions of the Agreement. Users may not use the Site for commercial purposes or in any way that violates the law or the terms of this Agreement, or harms Us, or any other person or entity, as determined in Our sole discretion.
2.2 Special terms may apply to certain portions of the Site in addition to the Agreement, and in the event of a conflict, the terms of this Agreement shall prevail unless such special terms expressly state that they prevail over the Agreement.
2.3 Portions of the Site and of services or Content (as defined in Section 3) available through the Site are accessible to and may be used only by EKO Pioneers. To become an EKO Pioneer, a User must (i) be a registered Site User, (ii) timely pay all fees, and (iii) receive an email from Us confirming appointment as an EKO Pioneer. Other portions of the Site of services or Content (as defined in Section 3) available through the Site are accessible to and may be used only by EKO Rangers. To become an EKO Ranger, a User must (i) be an EKO Pioneer in good standing. (ii) prepare and have approved by Us an application for EKO Ranger status, and (iii) agree in writing to abide by any and all rules and requirements applicable to EKO Rangers. We may accept or reject any application to become an EKO Pioneer or Ranger at any time, or terminate a User’s EKO Pioneer or Ranger status, at any time, for any reason, as determined in Our sole discretion.
2.4 A User may cease to be a User of the Site at any time by sending Us written notification via the following page or by registered mail to Our address at Virtual Tweens Ltd., 29 Harash Street, POB 7357, Hod HaSharon, Israel 45240. Ceasing to be a User of the Site does not affect payments made by Users nor outstanding payment obligations in connection with the Site or services or products offered on or through the Site, all of which are subject to the terms of Section 9 (Fees and Payment) below.
2.5 In consideration for access to and use of the Site, We or third parties may from time to time place commercial content on the Site. We have no control over the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do We endorse, guarantee, or are We responsible for such content (even if Users receive any benefits related to the Site in connection with such third party offers). It is Users’ responsibility to understand and accept the terms and payment obligations of all such content that Users pursue.
2.6 Occasionally, the Site may experience interrupted service, delays or errors. This may be due to a number of reasons including, but not limited to, maintenance that We perform on the Site, as well as reasons beyond Our control. We will attempt to provide Users with prior notice of any interruptions, delays or errors, but cannot guarantee that such notice will be provided.
2.7 Minimum hardware and software requirements for use of the Site may be posted on the Site from time to time. However, We do not guarantee the access to or performance of the Site even if Users meet such minimum requirements.
2.8 We may, in Our sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Site. In addition, We may, from time to time, impose charges on access to any or all portions of the Site in Our sole discretion.
3. Proprietary Rights
3.1 All content, services, features, data, text, artwork, images, photographs, graphics, drawings, videos, audiovisual works, scripts, logos, trademarks, service marks, format, design, user interface, software, information, functions, computer games, dialogue, ideas, concepts, suggestions, stories, screenplays, music, lyrics, sound recordings, profiles, appearances, performances, and/or other similar materials, including Submissions as defined below in Section 4 (individually and collectively, “Content”) contained on the Site shall be owned exclusively by US or Our licensors or licensees, and User hereby assigns to Us any and all right, title and interest to such Content User may create or post in connection with User’s use of the Site. All Content is protected by copyrights, trademarks, service marks, patents, slogans, trade names, trade secrets, trade dress, privacy and publicity rights, intellectual or industrial property rights, or other proprietary rights (collectively, “Intellectual Property or Intellectual Property Rights”), both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site and its Content not expressly granted in the Agreement are reserved by Us and/or Our licensors or licensees.
3.2 No Content may be used, reproduced, distributed or otherwise exploited in any way other than as part of the Site, except where the Site enables the download of particular Content, such as wallpaper, in which case Users may download a copy of such Content only for their limited, personal, noncommercial use home use. Users may not modify, decompile, reverse engineer, disassemble, adapt, reproduce, lease, loan, sell, distribute, or create any derivative works based on the Site or any of the Content, in whole or in part. Use of the Content for any other purpose is a violation of Our copyright and other Intellectual Property Rights and is strictly prohibited.
3.3 USERS ACKNOWLEDGE AND AGREE THAT OWNERSHIP OF ANY CONTENT OR INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS OF OR IN THE SITE OR ANY PART THEREOF, ALONG WITH ANY RELATED GOODWILL, IS NOT TRANSFERRED TO THEM OR ANY OTHER THIRD PARTY. USERS UNDERTAKE NOT TO DO ANY ACT OR THING WHICH IS INCONSISTENT WITH OR WHICH IS LIKELY IN ANY WAY TO PREJUDICE SUCH TITLE, INCLUDING, BUT NOT LIMITED TO, CREATE ANY DERIVATIVE WORKS BASED ON THE SITE OR ITS CONTENT.
4.1 “Submissions” shall mean any information, text, messages, concepts, suggestions, stories, screenplays, treatments, formats, artwork, photographs, videos, audiovisual works, musical compositions including lyrics, sound recordings, recordings, actions, appearances, performances Your or another persons’ name, likeness, voice, username, profile, and/or other biographical information or material, and/or other similar materials that Users send, fax, mail, email, post, upload, embed, display, publish, communicate, post in a chat room or other forum, or otherwise submit (collectively, “Submit”) on or through or to the Site. We may, in Our discretion, post any or all of Your Submissions for public display on Our site. You warrant and represent that You are the rightful owner of all of the rights to Your Submissions (including, but not limited to, moral rights) or have the appropriate license or sublicense rights from the owner, without the need for any permission from or payment to any other person or entity, and that the information You Submit to the Site is true and accurate. You are entirely and solely responsible for the content of Your Submissions and the consequences of submitting them to, or posting or publishing them on, the Site.
4.2 Other than the text that Users Submit while participating in the Site chat rooms and in the forum(s) reserved for EKO Rangers, We do not accept, review or otherwise consider unsolicited Submissions and request that Users do not submit any unsolicited Submissions. Users acknowledge that there is no confidential or fiduciary relationship between Users and Us whatsoever and that We will not review or offer any consideration or compensation for any Submissions. Users hereby grant to Us and Our officers, directors, employees, agents, licensees, distributors, representatives and affiliates, a non-exclusive, perpetual, irrevocable, unrestricted, fully-paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all Intellectual Property Rights You own or control to use, reproduce, distribute, transmit, prepare derivative works of, publicly display, index, comment on, modify, perform and otherwise exploit Your Submissions, in whole or in part, for any purpose and in any media formats and channels (including among others on other websites, and in products and services offered by Us) now known or subsequently devised, in each case without compensation, attribution, liability or notice to You and without the requirement of any permission from or payment to You or to any others. If You request in writing that We remove Your Submissions from the Site, We will remove any public display of Your Submissions and the license granted by You to Us shall terminate (expect that We shall not be required to change any materials used by Us that already include Your Submissions).
4.4 We reserve the right to decide, in Our sole discretion, whether, where, and how a Submission is published on the Site. If We have questions about Your Submissions, We may contact You for further information (including, but limited to, to verify that You own the copyright or other Intellectual Property rights). Although We have no obligation to review any Submissions, We reserve the right, in Our sole discretion, to edit or remove any and all Submissions, without prior notice.
5. Rules of Conduct
In connection with Your use of the Site, its Content, its chat rooms and in the forum(s) reserved for EKO Rangers, and any and all Submissions, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate others, to violate or infringe any rights (indulging, but not limited to, copyrights, rights of publicity or privacy, confidentiality and trademarks rights) of others, Our policies or the operational or security mechanisms of the Site. Without limiting the foregoing You shall NOT:
Use the Site (including, but not limited to, any chat room, forums or communication systems provided by the Site) or any of its Content to promote, conduct, or contribute to activities that in Our sole discretion are fraudulent, obscene, pornographic, commercial, inappropriate or illegal, including, but not limited to, pyramid schemes, gambling, junk e-mail, spamming, promoting hatred towards any group of people, and conduct that can reasonably be expected to harm others.
Interfere with the access, use or enjoyment of this Site by others, including, but not limited to, causing greater demand on the Site than is deemed reasonable by Us, attacks such as "flaming" other Users in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other Users' identities.
Harvest or otherwise collect PII about another User through the Site (including, but not limited to, email addresses).
Copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works of any portion of the Site or any of its Content.
Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Site, its Content, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or Content.
Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or its Content except if and to the extent permitted by applicable law.
Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrape information from the Site, or bypass any robot exclusion request (on headers or anywhere else on the Site).
Use any meta tags or any other "hidden text" utilizing any Content or Intellectual Property owned by, or licensed to or by Us.
Access or attempt to access any other of Our systems, programs or data that are not made available by Us for public use.
Create or provide any other means through which the Site may be accessed, for example, through server emulators, whether for profit or not.
We cannot and do not assure that other Users comply with this Agreement, and Users assume all risk of harm or injury resulting from any such lack of compliance.
6. Public Communications and Forums
6.1 The Site enables Users to interact directly with other Users, such as by posting comments in chat rooms and in the forum(s) reserved for EKO Rangers. Use of the Site, including, but not limited to, its chat rooms and forums, is permitted only for noncommercial purposes and subject to the terms of the Agreement.
6.2 . We do not endorse, guarantee, nor are We responsible for the information, opinions, or recommendations submitted by any User in any chat room or forum or otherwise in connection with the Site and expressly disclaim any all liability in connection therewith.
6.3 Although We are investing efforts in ensuring a safe and pleasant environment, when using the Site You may be exposed to Submissions by others (a) with which You may disagree, (b) that You may find offensive, indecent, or objectionable, or (c) which are inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with Your use of, exposure to or reliance on any such Submissions. You should be skeptical about information provided by others, and You acknowledge that there is a possibility of use of any Submissions by others, and that Submissions are made at Your own risk. Never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in or from Public Forums may not be reliable, and it is not a good idea to take any action based solely or largely on information You cannot confirm. We are not responsible for any Submissions by Users, nor for any actions taken or avoided based on such Submissions. You waive any legal or equitable rights or remedies You have or may have against Us with respect to other Users' Submissions.
6.4 Please respect and interact with other Users as You would in any public arena. Do not reveal any information that You do not want to make public. WHEN ENGAGING IN PUBLIC FORUMS, DO NOT DISCLOSE PII. USERS ACKNOWLEDGE THAT PUBLIC FORUMS AND ANY CONTENT OR FEATURES OFFERED THEREIN ARE FOR PUBLIC COMMUNICATIONS AND USERS HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION MADE OR RECEIVED IN A PUBLIC FORUM OR OTHERWISE IN CONNECTION WITH THE SITE.
6.5 We reserve the right (but not the obligation) to:
Monitor chat rooms, forums and Submissions.
Condition access to and use of chat rooms and forums in accordance with age, geographic or other criteria.
Review, refuse, remove, modify, store, or otherwise take any action with respect to Submissions, at Our sole discretion and without prior notice.
We encourage Users to report to Us any suspected violations of this Agreement or any other additional terms posted on the Site.
7. Site Currency
The virtual currency offered, traded, and transacted on the Site (“Site Currency”) is a component of the in-world fictional element of the Site only, and constitutes a limited license right to use certain features of the Site when, as, and if allowed by Us. We may charge fees for the right to use Site Currency, or may distribute Site Currency without charge, in Our sole discretion. Site Currency may only be used while using the Site and cannot be traded or otherwise be used outside the Site. You should note that you can't sell any of the virtual items (including the Site Currency) for real money. Site Currency is not redeemable for any sum of money nor represents monetary value. We have the absolute right to manage, regulate, control, modify and eliminate Site Currency as We see fit in Our sole discretion, in any general or specific case, and We have no liability based on Our exercise of such right for loss of any Site Currency held by You.
8. Registration; Termination of Access and Use of the Site
8.1 Accessing and using the virtual world included in the Site requires registration. As part of the registration process, Users will be requested to provide certain information, including, but not limited to, a unique user name and password (“Registration Data”). In choosing Your unique user name and password, do not make a reference to any PII . User agrees to:
Provide true, accurate, current and complete Registration Data, including, but not limited to, Parent details and contact information, as prompted by the registration process.
Maintain the security and confidentiality of passwords and any other security or Registration Data used to access the Site.
Log-out from and exit the Site at the end of each session on the Site.
Refrain from transferring their Site account to any other person or entity.
Refrain from impersonating any person or entity or otherwise misrepresenting their identity or affiliation with any person or entity, including using another person’s name, image, likeness, photograph, voice, PII, Registration Data or other account information.
Immediately notify Us in writing via the following page or at Our address as set forth in Section 2 if You become aware of any loss, theft or use by any other of any of Your Registration Data or PII or any other account information in connection with the Site.
8.2 Users acknowledge and agree that they may not sell, assign, sublicense or otherwise transfer their membership or account to any other person or entity, and that any and all attempts to do so are void and shall result in immediate termination of their membership and account.
8.3 User warrants and represents that any Submissions or other activities through use of Your Registration Data were sent or authorized by User, and User is fully responsible for all activities that occur under Your Registration Data.
8.4 User declares that by providing Registration Data to Us, User hereby consents to Us sending to them, by means of email or otherwise through the Site or the Service, communications of a technical nature in respect of the Site or the Service. If a User has chosen to receive commercial and other noncommercial communications from Us and would like to cease receiving such communications, that User can notify Us by either clicking on the unsubscribe link in the applicable communication sent to him/her or sending written notification by post to Our address (as listed in Section 2). We shall request consent, by way of an email opt-in, each time before a third party may send to Users commercial communication that is unrelated to the Site, such as third party offers to participate in surveys and questionnaires. In addition, any offers to participate in surveys and questionnaires require minor Users’ Parental prior consent.
8.5 Subject to the foregoing paragraph, all communications from Users to Us shall be conducted in writing via the following page or at Our address as set forth in Section 2. We will promptly respond to communications from members of the Site which relate to fee payments for Pioneers and emergency communications relating to privacy, security and Site support-related issues.
8.6 We may for any reason, in Our sole discretion and without notice or liability to Users or any other person or entity, immediately block access to this Site, suspend or terminate any EKO Pioneer or Ranger status, or suspend or terminate a User’s membership or account and refuse any and all current or future access to and use of the Site (or any portion thereof), without derogating from any other right or remedy that We may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, loss, theft or unauthorized use of Your Registration Data; Our belief that You violated the letter or spirit of this Agreement; Your providing Registration Data that is inappropriate or offensive as determined in Our sole discretion; if We suspect that any of the Registration Data that You provided is false, inaccurate, not current or incomplete; infringement of Intellectual Property Rights; or for any other reason whatsoever.
8.7 We offer registered Users a newsletter featuring news and information about the Site. Users may opt-in to receiving this newsletter, but are not required to do so.
9. Fees and Payment
9.2 Unless otherwise stated on the Site, all fees listed on the Site are quoted in U.S. Dollars and are exclusive of taxes. Any taxes that apply to this Agreement or the Site or services or products offered on or through the Site shall be paid by You. All fees paid and commitments to pay in connection with the Site or services or products offered on or through the Site are non-refundable and non-cancelable.
9.3 To terminate recurring billing, the payer must follow the instructions of the third party providing the payment services and contact that third party directly. We assume no responsibility for the continuance of, or failure to terminate, any billing including, but not limited to, recurring billing.
10. Links to Other Websites
The Site may contain links and references to websites of others. We may, from time to time, at Our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to You, and access to any such websites is at Your own risk. We do not review, approve, monitor, endorse, guarantee, warrant, make any representations with respect to, nor are We responsible for, such websites. In no event will We be responsible for the information contained in such websites, their practices or for Your use of or inability to use such websites or their services, or transmissions received from such sites. By using the Site, You expressly relieve Us from any and all liability arising from Your use of any third-party website. We encourage Users to read the privacy policies and other terms and familiarize themselves with the privacy practices of the other websites before using their services.
11. Links to the Site
Subject to the terms of this Agreement, Users may display a link to the Site as long as such use is not misleading, illegal or defamatory, and the linked website contains no infringing or illegal content. Users may not suggest that We endorse, guarantee, sponsor, nor in any way are We responsible for or affiliated with their site, nor tarnish, blur or dilute the quality of Our trademarks or any associated goodwill.
12. Disclaimers of all Warranties
12.1 THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.2 WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE AVAILABLE, UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE OR ITS CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH USERS' SUBMISSIONS. SUBJECT TO APPLICABLE LAW, USERS ASSUME THE ENTIRE COSTS OF ANY AND ALL REPAIR OR CORRECTION. YOUR USE OF THIS SITE AND ITS CONTENT AND USERS' SUBMISSIONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
12.3 YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH REGARD TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING, BUT NOT LIMITED TO, CREDIT CARD INFORMATION AND OTHER PII), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
USERS ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR REGISTRATION DATA, ACCOUNT INFORMATION AND PII, AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER THEIR MEMBERSHIP AND ACCOUNT. USERS HEREBY RELEASE, AND AGREE, AT USERS’ OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES AND AFFILIATES, , FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF OR ACCESS TO THIS SITE, ITS CONTENT, OR USER SUBMISSIONS. USERS SHALL USE THEIR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
14. Limitation of Liability
14.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS SITE OR ITS CONTENT, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE, OR (III) YOUR USE OF ANY SERVICES, PRODUCTS OR PROMOTIONS, OR PARTICIPATION IN ANY SURVEYS OR QUESTIONNAIRES, OFFERED BY ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
14.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAY TERMINATE USERS’ ACCESS TO THE SITE, OR CHANGE OR THE SITE OR DELETE CONTENT OR FEATURES, IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON, AT OUR SOLE DISCRETION, WITHOUT ANY LIABILITY.
14.3 Without derogating from any of the foregoing, Our total aggregate liability under this Agreement, if any, in connection with the Site, its Content or the Agreement and others' Submissions will be limited to the amount of fees actually paid by You to Us during the preceding 12 months, if any. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You.
15. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of New York without regard to choice or conflict of law provisions. User hereby agrees that all disputes arising out of this Agreement shall be heard exclusively in the federal and state courts located in New York County, New York, and courts with appellate jurisdiction therefrom. User agrees to submit to the personal jurisdiction of such courts, and further agrees that venue in New York County, New York is both proper and convenient.
16. No Representations
We make no representation that the Site's Content is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
17. Limitation of Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may, in Our sole discretion and at any time, in any way, for any reason, change the terms of this Agreement, upon posting notice on the Site. If You do not agree to the new or different terms, You should not use the Site. Your continued use of the Site shall constitute Your consent to any changes made.
20. Infringement Notices and Takedown
20.1 If a User or other person or entity believes that any material contained on this Site infringes a third party’s copyright, that User or other person or entity should notify this Site's Designated Agent who is:
Name of Designated Agent: Guy Spira, CEO
Full Address of Designated Agent: 29 Ha Harash street, Hod HaSharon, Israel POB 7357 Postal code 45240
Telephone/fax Number of Designated Agent: +972-77-4602060
20.2 Notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of the material in such work(s) that is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Site; (d) information sufficient to permit Us to contact You, such as Your physical address, telephone number and e-mail address; (e) a statement by the complaining party that he or she has a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.
20.3 The Copyright Agent will only respond to any claims involving alleged copyright infringement. We may give notice that We have removed or disabled access to certain material by means of a notice posted on Our Site, an email to a User, or by written communication via first claim mail to a User. If a User receives such notice, the User may submit counter-notification in writing to the designated agent. To be effective, the counter-notification must be a written communication and contain the following information: (a) the User’s physical or electronic signature; (b) a description of the material that was removed or to which access was disabled and the location at which the material appeared on the Site before it was removed or disabled; (c) a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled due to mistake or misidentification; and (d) the User’s name, physical address and telephone number, and a state that the User consents to the jurisdiction of a court for the judicial district in which the User is located, and that the User will accept service of process from the complainant. Notwithstanding this section, We reserve the right, in Our sole discretion, at any time, to remove content which appears to infringe the intellectual property rights of another person or entity.
21. General Provisions
21.1 No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term.
21.2 If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect.
21.3 The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
21.4 The Agreement and Our rules and policies in the Site comprise the entire agreement between You and Us, state Our and Our suppliers' entire liability, and Your exclusive remedy with respect to the Site, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter.
21.5 The section titles in the Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis.
21.6 The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.