- By attempting to use and/or by using the Services, or any part thereof, User agrees to fully comply with and be bound by the Terms. If User does not accept the Terms, User must not access and use the Services, or any part thereof, and/or immediately stop any use of the Services.
- Protected may, from time to time modify the Terms. Amended Terms will come into effect when posted on the Website. If User does not agree to the Terms as amended, User must stop using the Services. User is advised that if User does not terminate all use of the Services, User will be deemed to have accepted the Terms, as amended.
- Third Party Content.
- All title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Content (except for the Third Party Content), shall remain in Protected, its affiliates, or their respective licensors, if any. User agrees that nothing contained in the Services shall be construed as transferring any ownership right and/or granting a license to any intellectual property right, unless otherwise explicitly set forth herein.
- Protected is always pleased to hear from its Users, and welcome their comments or suggestions (“Feedback”). When Protected refers to Feedback herein, Protected means: Any comment or suggestion made either on the Website or otherwise to Protected. With regard to such Feedback User represents and warrants that (i) such Feedback is non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; (ii) Protected is entitled to unrestricted use or disclosure of the Feedback for any purpose whatsoever, all without compensation to the User that submitted the Idea.
Each User agrees upon Protected’s first demand to indemnify, defend, and hold Protected and its affiliates, licensors, officers, directors, employees, consultants, agents and representatives (collectively, “Affiliates”) harmless from any and all claims, losses, damages, liabilities, actions, or demands, and associated costs and expenses (including without limitation attorneys’ fees) arising out of User’s: (i) use of the Services; (ii) use of any Third Party Content and/or any other interaction with third parties through the Services; (iii) violation of the terms hereof; or (iv) violation of any third party’s rights. Protected reserves the right, at such User’s expense, to assume the exclusive defense and control of any matter of indemnification by User hereunder. User shall cooperate fully as reasonably required in the defense of any claim.
- Disclaimer and Warranties.
USER UNDERSTANDS AND AGREES THAT USER’S USE OF THE SERVICES ARE AT USER’S OWN RISK. PROTECTED’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROTECTED AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT. PROTECTED AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET USER’S EXPECTATIONS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iii) THE WEBSITE AND ANY CONTENT PROVIDED THERETHROUGH WILL BE CORRECT, ACCURATE, UP-TO-DATE, AND ERRORFREE AND THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY SERVCIES ARE ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE THAT RESULTS FROM THE WEBSITE, THE CONTENT, AND/OR THE DOWNLOAD THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM PROTECTED OR THROUGH OR FROM THE WEBSITE AND/OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Limitation of Liability.
IN NO EVENT SHALL PROTECTED OR ITS AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR THE CONTENT AND/OR THE SERVICES; OR (ii) ANY OTHER MATTER RELATING TO THE USER’S USE OF THE WEBSITE AND/OR THE CONTENT AND/OR THE SERVICES OR THESE TERMS, EVEN IF PROTECTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PROTECTED’S TOTAL LIABILITY TO USER OR ANY THIRD PARTY WILL AT ALL TIMES BE LIMITED TO US$100. THE AFORESAID LIMIT SHALL NOT BE ENLARGED BY THE EXISTENCE OF MULTIPLE CLAIMS. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY USER MORE THAN 50 DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.
By using the Services User represents that (i) User is not under 18 years of age; (ii) User agrees to be bound by the terms of the Terms; and (iv) its use of the Services does not conflict with any law applicable to User.
- To the extent that the Services, or any portion thereof, conflict with the Terms, the Terms shall prevail.
- Protected’s failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- Protected’s rights under the Terms shall survive any expiration or termination of the Terms.
- The Terms shall be governed by the laws of the State of Israel without regard to the principles of conflict of law. The courts of Tel Aviv, Israel shall have exclusive jurisdiction to adjudicate any dispute arising out of the Terms.
- Notwithstanding anything to the contrary in the foregoing, at any time Protected may at Protected’s sole discretion block User’s access to the Services, stop providing the Services, terminate or disable User’s use of the Services, even if Protected has previously allowed User to use the Services.