TERMS AND CONDITIONS
Last Updated: May 7, 2017
1. Accepting these Terms and Conditions
Welcome! Please read these Terms and Conditions carefully before using this website, and check them periodically for changes.
ANY USE OF THIS WEBSITE (the “Site”) IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (the “Agreement”). BY USING THE SITE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. THE AGREEMENT IS BETWEEN YOU AND US, SECRET DOUBLE OCTOPUS LTD. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF OR REGISTRATION WITH THE SITE, YOU AGREE TO BE PERSONALLY BOUND BY THE AGREEMENT WITH RESPECT OF YOUR AND YOUR CHILD’S USE OF THE SITE.
- Use of the Site
You may access and use the Site only for your personal non-commercial purposes, and only as long as you are in compliance with all provisions of the Agreement. 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.
In consideration for your 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 or are responsible in connection with such content (even if you receive any benefits related to the Site in connection with such third party offers). It is your responsibility to understand and accept the terms and payment obligations of all such content that you pursue.
Occasionally, you may experience interrupted service, delays or errors in the Site. This may be due to a number of reasons including, maintenance that we perform on the Site as well as reasons beyond our control. We will attempt to provide you with prior notice of any interruptions, delays or errors, but we cannot guarantee that such notice will be provided.
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 you meet such minimum requirements.
We may, in our sole discretion and at any time(s), 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 discretion upon posting a notice on the Site.
- Proprietary Rights
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, dialogue, ideas, concepts, suggestions, profiles, appearances, performances, and other similar materials (“Content”) contained on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary 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 and excluding users’ Submissions (as defined below), are reserved by us and our licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us or our licensors. No ownership of any Content or trademarks, service marks, trade names, trade dress or other proprietary rights in the Site and related goodwill, is transferred to you. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.
- Rules of Conduct
In connection with your use of the Site, its Content, and any Content that you submit, post, upload, embed, display, communicate or otherwise distribute on or through the Site, or otherwise provide to us (such Content, a “Submission“), 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 without limitation 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 may:
- Not use the Site (including without limitation any 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 without limitation pyramid schemes, junk e-mail, spamming, promoting hatred towards any group of people, and conduct that can reasonably be expected to harm others.
- Not interfere with the access, use or enjoyment of this Site by others, including without limitation causing greater demand on the Site than is deemed by us reasonable, attacks such as “flaming” other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants’ identities.
- Not harvest or otherwise collect non-public information about another user through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information.
- Not copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works of any portion of the Site or any of its Content.
- Not 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.
- Not 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.
- Not 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 scrap information from the Site, or bypass any robot exclusion request (on headers or anywhere else on the Site).
- Not use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licensed by us.
- Not access or attempt to access any other of our systems, programs or data that are not made available by us for public use.
- Not 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 you assume all risk of harm or injury resulting from any such lack of compliance.
You declare that by providing your registration data (such as name, e-mail and password) to us, now or in the future you hereby consent to us and third parties authorized by us, sending to you, by means of e-mail or through the Site, communications containing commercial and non-commercial nature. We shall cease to send such commercial communications if you notify us in writing to [email protected] that you do not wish to receive such commercial communications. However, we shall request your consent, by way of an e-mail opt-in (which may be provided by children or their parents), each time before a third party sends to you 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 your parental consent.
We may for any reason, in our sole discretion and without notice or liability to you or any other, immediately block access to this Site or suspend or terminate your account (if any) 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, providing registration data that is inappropriate or offensive in our discretion, or if we suspect that any of the Registration Data that you provided is inaccurate, not current or incomplete.
- 5. Confidentiality
All of the information herein is confidential and commercially sensible for us and it may not be copied or disclosed to any third party without our prior written approval. You agree to keep confidential and refrain from disclosing information that we in our sole discretion deem to be of confidential nature including without limitation commission rates, email addresses, and service fees.
- Fees and Payment
Unless otherwise stated on the Site, all fees listed on the Site are quoted in U.S. Dollars and do not include any 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.
- Links to Other Websites
- Links to the Site
Subject to the terms of this Agreement, you may display a link to the Site as long as your use is not misleading, illegal or defamatory, and your linked website contains no infringing or illegal content. You may not suggest that we endorse or sponsor your site, nor tarnish, blur or dilute the quality of our trademarks or any associated goodwill.
- Disclaimers of all Warranties.
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 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.
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 CONNECITON WITH USERS’ SUBMISSOIONS. 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.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES: (I) RELATED IN ANY WAY TO YOUR USE OF OR ACCESS TO THIS SITE OR ITS CONTENT; OR (II) RELATED IN ANY WAY TO OR ARISING OUT OF YOUR SUBMISSIONS.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WE SHALL BE LIABLE FOR ANY 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.
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 PROCEEDING 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.
- Law & Jurisdiction
The laws of the State of Israel will govern this Agreement, without regard to its conflict of law principles. 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. You consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, Israel [except that temporary relief to enjoin infringement of intellectual property rights may be sough in any court]
- 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 change the terms of this Agreement at any time(s) and in our sole discretion, upon posting notice on the Site. Your continued use of the Site shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site.
- Infringement Notices and Takedown
If you believe that any material contained on this Site infringes your copyright, you should notify this Site’s Designated Agent. Email Address of Designated Agent: [email protected].
Your 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 what material in such work(s) 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 you that you have 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 by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
- General Provisions
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. 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. 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. If any provision(s) of the Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. 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. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.