(COLLECTIVELY, THE "TERMS"), AND YOU AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USE OF THE PLATFORM AND/OR SERVICE.
3.1. The Platform provides You with a Service which currently allows You to create Your own Mods, share such Mods with other Users, check other Users' Mods and vote for them.
3.2. Although We are making efforts to keep the nature of the Platform and Service as friendly and genuine as possible, We reserve the right to modify or discontinue, temporarily or permanently, the Platform and/or Service, to block or suspend Your access to the Platform, Services and/or Your Account (as defined below), and/or prevent You from using the Platform and/or Service, for any reason, with or without notice.
3.3. Furthermore, We reserve the right to remove and/or delete any Mod, at Our sole and exclusive discretion, with or without notice. We will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Platform and/or Service, and/or for any removal or deletion of any Mod from the Platform.
3.4. Following such suspension or blocking of the Platform, Service and/or Account, We will have no obligation to keep the details, content, features, design, or any other information related to Your Mods, Your use of the Platform and/or Service.
4.1. In order to create Mods via the Platform, You will be required to perform a registration procedure and create an account (the "Account"). When You enter the Platform You will see a "Sign Up" option and be required to insert certain details such as Your email address, full name, user name, password, or social network profile (Facebook, LinkedIn etc.), and approve the Terms by clicking "I Agree" (the "Account Registration Procedure"). Once You will complete the Account Registration Procedure, you will officially become a "Moder".
4.2. You will provide us with accurate, complete and updated Account information. Failure to do so shall constitute a breach of these Terns of Use which may result, inter alia, in immediate termination of Your Account.
4.3. You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account.
Third Party's Sites
5.1. You hereby acknowledge that Our Platform and Service merely constitute a tool which provides Users' with the ability to create Mods of Site Owners's Sites, and that the Sites are independent third parties' sites, and that We have no control over them. You further acknowledge and agree that We are not responsible for the availability or suitability of any information or links contained in any of these Sites, and do not endorse and are not responsible or liable for any services, content, advertisements, products, or any materials on or available from or through any of these Sites.
5.2. You further acknowledge and agree that We will not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such Sites.
6.1. While using Our Platform and/or Service, there are certain types of behavior which are strictly prohibited. Such behavior includes the types appearing below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result, inter alia, in the termination of Your Account and may expose You to civil and/or criminal liability.
6.2. You may not, whether by Yourself or anyone on Your behalf:
6.2.2. copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Platform and/or Service;
6.2.3. create a browser, frame, border environment or GUI around the Platform and/or Service;
6.2.4. interfere with or disrupt the operation of the Platform and/or Service, or the servers or networks that host the Platform and/or Service or make the Platform and/or Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
6.2.5. interfere with or violate other users' rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Platform and/or Service and/or retrieve index and/or data-mine information;
6.2.6. impersonate any person or entity or provide false or misleading personal information;
6.2.7. transmit or otherwise make available through or in connection with the Platform and/or Service any virus, "worm", "Trojan Horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
6.2.8. transmit, display or otherwise make available through or in connection with the Platform and/or Service, any content or features which may infringe third party rights, including intellectual property rights, or which may contain any indecent, obscene, pornographic, violent or any other immoral or unlawful content or features.
6.2.9. use the Platform and/or Service for any illegal, unlawful or unauthorized purposes;
6.2.10. You will not allow any pornographic or explicit sexual materials in any part of Your Mod that can be accessed by people who are not legally allowed to view such content.
6.2.11. use the Platform and/or Service for purposes of harassment, stalking, scorning, provocation, acts of terrorism, violence or any other purpose which may endanger other Users.
6.2.12. delete or hide any banners and/or adds exist in the Site from Your Mod.
6.2.13. use the Platform and/or Service for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without Our prior written consent.
6.2.14. Use the Platform and/or Service for the purpose of collection of data or damaging the Platform for the benefit of another company.
Representation and Warranties by the User
7.1. As a condition to Your use of the Platform and/or Service, You hereby represent and warrant that:
7.1.2. You are financially responsible for Your use of this Platform and/or Service (as well as for use of Your Account by others, including, without limitation, minors living with You);
7.1.3. You will safeguard Your Account information and will supervise and be responsible for any use of Your Account by anyone other than You;
7.1.5. You are solely responsible for any and all content and features inserted or modified by You on Your Mod in any way or manner via the Platform and/or Service; and
7.1.6. Your use of the Platform and/or Service has not been previously suspended, nor has Your Account been previously removed from the Platform.
7.1.7. The information You provided Us in the registration procedure is accurate, up-to-date and complete.
8.1. We respect Your privacy and are committed to protect the information We collect when You use the Platform and/or the Service, information which You have voluntarily provided us via email, and/or through the Account Registration Procedure, and any information under any of the Mods You have suggested through Your use of our Platform and Service. We also believe that You have a right to know Our practices regarding the information We collect as described above.
Intellectual Property Rights
9.1. The Platform and/or Service, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, "Intellectual Property"), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Notwithstanding the above, certain content and features made available or displayed through the Platform and/or Service, including without limitation, graphics, photos, sounds, music, videos, interactive features, software (including "widgets"), scripts, interface, trademarks, service marks and logos may be owned by third parties (e.g. content and features available in the Sites or through the redesigning of the Sites).
9.2. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property or any other content and features.
10.1. Upon finalization of the Account Registration Procedure and the opening of a "Moder" Account, You would be able to Suggest Your own Mods and share them through the Platform with other Users.
10.4. Your use of the Platform and/or Service does not grant Us the ownership over such Mods or transfer the intellectual property rights to Us, but does grant us certain licenses all as detailed hereafter.
10.5. When You use Our Platform and/or Service, create a new Mod or Share it with other Users, You grant Us and any party on Our behalf, an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to make commercial use, reproduce, distribute, prepare derivative works of, display, sell, make available to the public and perform to the public that Mod. For the avoidance of doubt, subject to the license granted to Us pursuant to this Section 10.5, We are granted with the right to use any of Your Mods, whether in connection with the Platform and/or Service or without any connection whatsoever, in any media formats and through any media channels known today or developed in the future.
10.6. In addition, when You share Mods through the Platform and/or Service, You irrevocably grant any other User the right to access any portion of Your Mod, redesign such Mod and share such Mod, all in connection with their use of the Platform and/or Service
10.7. Finally, when Use the Platform and/or Service, You hereby explicitly and irrevocably waive all rights, interest, claim and/or demand that You had, have or may have in the future, against Us, Our officers, directors, employees, agents, affiliates and/or any third party connected to Us or using the Platform and/or Service, with respect to any of Your Mods, including, among others, any moral rights, artists rights, or the right to receive any sort of consideration whatsoever regarding Your Mods. We reserve the right, but not the obligation, to compensate You by any amount We considered appropriate upon Our sole and exclusive discretion for any commercial succession of Your Mod.
"BetterInternet" and other commercial identifiers We use in connection with the Platform and/or Service are all trademarks and/or trade names of Ours or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
We may integrate commercials and advertisements, in the Platform and/or Service. All the information contained in such commercials and advertisements belong solely to Us or Our customers and We make no warranties or representations as to such advertisements, whether or not We have control over such advertisements.
Disclaimer and Warranties
13.1. THE SERVICE IS AT BETA STAGE AND PROVIDED HERE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13.2. WE DO NOT WARRANT THAT THE PLATFORM AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO SERVICE, AND ANY CONTENT AVAILABLE VIA THE SERVICE, AT ANY TIME OR TO DISCONTINUE DISPLAYING ANY CONTENT WITHOUT PROVIDING YOU WITH PRIOR NOTICE.
13.3. WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF THE PLATFORM AND/OR SERVICE OR ANY MODS AND OTHER INFORMATION PROVIDED THROUGH IT, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE PLATFORM AND/OR SERVICE AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE PLATFORM AND/OR SERVICE.
13.4. WE ACT MERELY AS A TOOL TO CREATE MODS, AND ARE NOT DIRECTLY OR INDIRECTLY INVLOVED IN ANY INTERACTION BETWEEN THE SITE OWNER AND YOURSELF.
Limitation of Liability
THE USE OF THE PLATFORM AND/OR SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE PLATFORM, SERVICE AND/OR ANY OF THE MODS SUGGESTED BY YOU, OR THE USE OR INABILITY TO USE THE PLATFORM, SERVICE AND/OR ANY OF THE MODS SUGGESTED BY YOU, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.
The Company respects the intellectual property rights of others. If You believe that Your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to Our's copyright agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of the material that You claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Us to locate the material; (iv) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached through the following address: firstname.lastname@example.org
17.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
17.2. Any claim relating to the Platform and/or Service or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
17.3. Any dispute arising out of or related to your use of the Platform and/or Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
17.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
If You feel that any of Your personal rights has been compromised on the Platform and/or Service, please contact Us at: email@example.com
and We will exert Our best efforts to handle Your complaint.