Terms And Conditions

Terms of Use                                                                                                                                                        

Welcome to Omnistream! We offer a real time broadcasting platform through the Omnistream application (the “App“), our website located at www.omnistream.live, and other services which are connected to and dependent on the App (collectively, the “Services“). The Services are owned and operated by Omnistream Ltd. (“Omnistream” “we”, “us,” or “our”). By registering as a user or by using the Services, you agree to be bound by these terms of use (the “Terms“). Please read these Terms carefully, before using our Services.

The availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple app store or Android Google play (“Application Store”). You acknowledge that these Terms are between you and Omnistream and not with the Application Store. In order to use the App, you must have access to a wireless or cellular network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the Application Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., the Application Store’s terms and policies) when using the Services, including the App. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

  1. General Terms

By accessing or using our Services, you agree to these Terms and to our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. If you do not agree to these Terms or the Privacy Policy, please do not access or otherwise use our Services.

We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective 7 days following the posting of the modification to our App/ website, and will apply to causes of action arising after the effective date of the change. Please check the App or website from time to time for changes. Your continued use of our App or the Services following the posting of changes to these Terms will mean that you accept those changes.

By accessing or using our Services, you affirm that: (i) you can form a binding contract with us; (ii) you create the account for your own use; and (iii) you are over the age of 13, as the Services are not intended for children under 13.

If it comes to our attention through reliable means that a registered user is a child under 13 years of age, we will cancel that user’s account and/or access to the Services.

If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that corporation, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.  

  1. Using our Services
    1. Application License. Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of our App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes.
    2. Media uploads. Certain features of the Services provided through the App require access to and use of your mobile device’s media storage applications (e.g., to use a video in your image gallery). Although you may decide whether or not to use these features, on Android devices you grant us permission to access this feature as part of the installation process. If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the App from your device. Alternatively, on iOS devices, you can grant or revoke your consent at any time and prevent us from continuing to access your media storage applications by changing the settings on your device. You hereby authorize the App to access such components of your mobile device. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES MEDIA MAY BE SENT FROM YOUR MOBILE DEVICE TO OMNISTREAM AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you upload will be subject to the terms applicable to Content, as described below.
    3. Open-Source Software. Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
    4. License to you. Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
    5. Content and Marks. The content on the Services, including without limitation, videos, sounds, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, User Content (as defined below) and any other content on the Services (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to us.

Content on the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Services. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services.

“Omnistream”, the Omnistream logo, and other marks are trademarks by Omnistream or our affiliate’s Marks. All other trademarks, service marks, and logos used on our Services are the trademarks, service marks, or logos of their respective owners.

This section shall survive any termination of these Terms.

  1. Your account. As a condition to using our Services, you are required to register to Omnistream using our website. You may never use another’s account without the account owner’s prior permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account, by an e-mail to info@omnistream.live. You will be liable for any use made of your account or password and for our or others’ losses due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account. If we terminate your access to the Services or you delete your account, your videos and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your channel and view your videos).
  2. Unauthorized use.

You will and you agree to: (i) review and comply with these Terms and the Privacy Policy; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.

By using the Services you agree NOT to: (i) defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others, or incite others to commit violent acts; (ii) use or attempt to use another’s account or create a false identity; (iii) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, rent, lease, loan, trade, re-sell or otherwise transfer or monetize Content, User Content, information found in the Services (excluding your User Content) or the communication systems of the Services except as permitted in these Terms, or as expressly authorized by us; (iv) reverse engineer, decompile, disassemble, decipher, adapt, modify, create derivative works or otherwise attempt to derive the source code, Services or technology underlying the Services for any underlying intellectual property used to provide the Services, or any part thereof; (v) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (vi) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (vii) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, “cache”, “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (viii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (ix) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (x) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the website; (xi) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xii) attempt to or actually override any security component included in or underlying the Services; (xiii) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses through or on the Services; and/or (xiv) interfere or disrupt the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.

  1. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
  2. Terminating your access to the Services. We, in our sole discretion, have the right to terminate or suspend your access to the Services immediately and with or without cause.
  1. Types of Subscription.

As part of registering to Omnistream you will need to choose one of our types of subscriptions on the App or on our website, each of which will be subject to the terms of payment as set forth below:

  1. Free Trial. The free trial subscription will allow you to use all or part of the Services (at Omnistream sole discretion, from time to time), after which you will not be able to use the Services unless you purchase an additional subscription program;
  2. Daily Use. The daily use subscription will allow you to use the Services for a period of twenty-four (24) hours following the receipt by Omnistream of the payment therefor, after which you will not be able to use the Services unless you purchase an additional subscription program;
  3. Recurring Subscription. The recurring subscription will allow you to use the Services for an unlimited period following the receipt by Omnistream of the payment therefor, and for as long as you keep paying for such recurring subscription, until termination of this program or of the Services, either by you or by us, according to these terms and conditions. Following termination of this program you will not be able to use the Services unless you purchase an additional subscription program;
  4. Yearly Use. The yearly use subscription will allow you to use the Services for a period of one (1) calendar year following the receipt by Omnistream of the payment therefor, after which you will not be able to use the Services unless you purchase an additional subscription program.
    1. Payment for Subscription. You agree to pay the then-current fee for the subscription type (i.e., Daily Use, Recurring Subscription or Yearly Use) you have selected. The current fee for the subscription types you have selected will automatically and immediately be charged to your payment instrument or account on the date you purchase it. If you purchased a Recurring Subscription, then, you will automatically be charged with the then-current fee of the Recurring Subscription, every one (1) month. Fees charged for one subscription type may not be credited towards other subscription types. Prices (provided by way of a quotation or a price list and/or Omnistream’s pricing page) are subject for change to the prices in effect at the time of delivery. Omnistream reserves the right to make any corrections to prices quoted due to clerical errors or errors of omission or pricing policy change. In the event of any specific requirements (including without limitation any design, specification, ordered quantity, or shipment changes) representing a price increase, Buyer will be notified and afforded an opportunity to confirm. All currency references are in U.S. dollars.
    2. Cancellation of Subscription. Payment for subscriptions is non-refundable. If you cancel your Recurring Monthly Use subscription, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund, in full or in part.
    3. Termination. If your payment method is invalid or rejected for any reason, your subscription will be terminated. If your account is terminated for any reason or expires, any customizations made to the Service by or for you, which are associated with your account will be deleted.
  1. Payment Processing.

Omnistream partners with 2CHECKOUT.COM INC (Verifone) and PayPal to facilitate card payments and other payments and the disbursement of funds. 2CHECKOUT.COM INC and PayPal are third-party services provided by 2CHECKOUT.COM INC. and PayPal Holdings, Inc., respectively, and is subject to the respective payment service provider’s terms and conditions. Omnistream provides the Services but is not a payment service provider, and the relationship between you and the payment service provider is solely subject to such payment service provider’s terms and conditions.

  1. User Content
    1. Uploading your content. As a user-generated video platform, we allow you and other users of the Services to post or broadcast content (including without limitation information, videos, sounds, images, photos, clips, musical works, works of authorship, usernames, data, notes, text, documents, files, messages, signs, symbols, icons, drawings, animation, graphics, charts, designs, scripts, code, audio, comments, software, applications, links, and other materials). Anything that you or other users upload post, broadcast or otherwise make available on our Services is referred to as “User Content.”

You retain ownership, copyright and all other applicable rights in, and are solely responsible for, the User Content you post to the Services. If you believe that your copyright has been infringed, please send us a notice as set forth in Section ‎8 below.

You own the information you provide to the Services under these Terms, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.

  1. License for your User Content. When you upload or otherwise submit User Content to our Services, you hereby give us (and our successors, and those we work with) a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to transmit, host, store, reproduce, copy, remove, retain, add, process, analyze, modify, create derivative works, improve, communicate, publish, distribute, publicly perform, publicly display, use and commercialize such User Content, subject to our Privacy Policy in any way now known or in the future discovered, without any further consent, notice or compensation to you or to any third parties. You further waive any moral rights in your User Content, to the extent permitted by law.

You also hereby grant each user of the Services or other viewer of the User Content a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Content.

This license will survive any termination of these Terms and continue even if you stop using our Services.

Nothing in these Terms shall restrict other legal rights we may have to Content or User Content (for example under other licenses).

  1. Removing User Content. We have the right, but not the obligation, in our sole discretion and without further notice to you, to monitor, censor, edit, modify, delete, or remove any and all Content posted on, or broadcasted via our Services (including User Content) at any time and for any reason.

Without limiting the foregoing, we have the right, but not the obligation, to delete or stop transmitting any User Content that we believe, in our sole discretion, does or may violate these Terms, our policies or any law.

The rights mentioned above do not necessarily mean that we review Content, so please do not assume that we do.

  1. Warranty for your User Content. Any information you upload, broadcast or otherwise submit to or via the Services is at your own risk of loss. You shall be solely responsible for your User Content and the consequences of posting or publishing it. By uploading or otherwise submitting User Content to the Services, you represent and warrant that: (i) you are entitled to upload or submit the User Content; (ii) you own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to any of your User Content, and to enable inclusion and use thereof as contemplated by the Services and these Terms; (iii) such User Content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

It is your responsibility to keep your User Content accurate and updated.

  1. Conditions to uploading User Content

AS A CONDITION TO USING THE SERVICES, AND AS A CONDITION TO UPLOADING OR OTHERWISE SUBMITTING USER CONTENT TO THE SERVICES, YOU AGREE TO THESE TERMS AND TO STRICTLY OBSERVE THE FOLLOWING:

You will not display, post, submit, publish, upload, transmit, send, or otherwise make available or initiate any User Content that: (i) falsely states, impersonates other person or otherwise misrepresents your identity, or disguises the origin of User Content, including but not limited to the use of a pseudonym; (ii) adds to a content field content that is not intended for such field; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (including proprietary rights, privacy and publicity rights); (v) creates a risk to a person’s safety or health, especially children, creates a risk to public safety or health, compromises national security, promotes extreme or real-life violence, self-harm, cruelty toward animals or interferes with an investigation by law enforcement; (vi) promotes, includes or involves any illegal or unlawful activity, including illegal drugs, escort services or prostitution, theft, money laundering or terrorism or violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vii) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (viii) is unlawful, defamatory, libelous, abusive, obscene, discriminatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable or inappropriate; (ix) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or of any user of the Services or of any third party; (x) is otherwise malicious or fraudulent.

  1.  

We reserve the right to access, read, preserve, and disclose any User Content (whether published or not) or any other information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities or prevent child exploitation; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.

  1. Copyright and Content Policy

It is our policy to respect the legitimate rights of copyright and other intellectual property owners.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), we have designated an agent (specified below) to receive notifications of claimed copyright infringement on our Services. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. The DMCA addresses the rights and obligations of owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet, as well as the rights and obligations of Internet Service Providers (as defined in the DMCA) on whose servers infringing material may reside. However, Omnistream will also process claims of copyright infringement substantially in accordance with the DMCA procedures for owners of copyrighted materials who believe their rights have been infringed in their jurisdiction or in the jurisdiction of the infringing website owner, even if US Copyright Law are not applicable (but the process of conducting a takedown request will be similar).

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information in accordance with the DMCA:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on our Services, with enough detail that we may find it on our Services; providing URLs in the body of an email is the best way to help us locate content quickly;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent

Omnistream Ltd.

Sokolov 64\8 Ramat Hasharon, Israel, info@omnistream.live  +972-36059277 (the “Designated Agent Contact Information“)

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.

Such written notice should be sent to the Designated Agent Contact Information, as set out above.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

  1. Disclaimers

THE FOLLOWING PROVISIONS REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLY WHETHER OR NOT THE SERVICES PROVIDED ARE FOR PAYMENT.

The Services and all included content are provided on an “AS IS” basis without warranty of any kind, whether express or implied.

You understand that when using the Services, you will be exposed to Content, including User Content, from a variety of sources, and we take no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits using our Services, or the defamatory, offensive, or illegal conduct of any third party, and you agree that the risk of harm or damage from the foregoing rests entirely with you.  You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.  We do not warrant, endorse or guarantee any User Content, product, or service that appears in its users’ submission or that is featured or advertised in the Services.

You understand and agree that you may be exposed to Content, including User Content, that is inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SERVICES.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

IN ALL CASES AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. 

IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES, OR (B) $100.

  1. Miscellaneous
    1. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.
    2. Indemnity You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
    3. Governing Law and Jurisdiction. These Terms shall be governed and construed by the laws of the State of Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH PROVISIONS MAY NOT APPLY TO YOU.
    4. Sections ‎8 through ‎11 shall survive any termination of these Terms and your use of the Services, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities and legal provisions.
    5. We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with the Privacy Policy, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.