Welcome to Musketeer, an application that enables you to call for help from the nearest people by pushing a button (the "Application"). The following terms define your rights and obligations in connection with the use of the Application and its services. The Application is managed and operated by Musketeer Safety net Ltd., whose address is: 28 Ha'mizmor St., Pardes Hana-Karkur 37510 (the "Application Management").
PLEASE READ THE TERMS CAREFULLY AS THE USE OF THE APPLICATION INCLUDING THE SERVICES THEREIN INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND THE APPLICATION MANAGEMENT. IF YOU DO NOT ACCEPT THESE TERMS IN WHOLE OR IN PART, YOU MAY NOT CONTINUE USING THE APPLICATION AND YOU ARE ASKED TO REFRAIN FROM USING IT.
Please note: "location-based services" that utilize GPS technology to determine your location constitute a main feature of the Application. These services may not be provided if you will not agree to use this technology and so, by installing the Application and/or accepting these terms, you are agreeing to this use. If you do not accept this term, you must refrain from using these services.
Concise Information about the Application
The Application is intended to run on smart mobile phone devices. The Application provides services that are intended to enable you to call for help when you are in distress by pushing a button and notify other Application users who are physically near you as well as users you will have defined ahead of time. Other users who are in distress or who are witnessing emergencies may send you alerts of the distress they are in or emergencies they were witnesses to. In addition, other organizations and services you may choose, such as local authorities and/or emergency services, will be able to receive your alerts and send you various alerts and notifications.
You may change your personal preferences at all times in the Application's settings (all of the above shall be referred to hereinafter jointly as: the "Services"). More information about the Application, its features, characteristics and so on is available in the various' Services' pages inside the Application. The Application Management has the exclusive discretion to determine which Services, content and information will be displayed on the Application, the display duration, their location, design, and any other information relating to them.
USING MUSKETEER ALERTS OTHER MUSKETEERS NEARBY AND/OR SPECIFIC CONTACT PEOPLE PREDESIGNATED BY YOU, AND DOES NOT CALL EMERGENCY SERVICES OF ANY KIND. IN THE EVENT OF DISTRESS IN GENERAL AND MORTAL DANGER IN PARTICULAR, USING THE APPLICATION DOES NOT SUBSTITUTE AN IMMEDIATE CALL TO THE LAW ENFORCEMENT FORCES, THE FIRE DEPARTMENT, THE MEDICAL EMERGENCY SERVICES, AND/OR ANY OTHER AID AND RESCUE SERVICES. YOU MUST CONTACT THE COMPETENT AUTHORITIES FIRST IN ALL INSTANCES.
THE APPLICATION IS DISTRIBUTED IN THE HOPE THAT IT WILL HELP ITS USERS AS A MERE COMPLEMENTARY SOLUTION, BUT WITHOUT THE APPLICATION MANAGEMENT ASSUMING ANY RESPONSIBILITY OR LIABILITY, AND, IN PARTICULAR, WITHOUT WARRANTY THAT ANYBODY WILL HELP YOU AT THE TIME OF DISTRESS AND/OR THAT OTHER USERS WILL BE AROUND YOU, NOR REGARDING THE QUALITY AND/OR PROFESSIONAL LEVEL OF THE SERVICE YOU WILL RECEIVE FROM THE LAW ENFORCEMENT FORCES AND/OR THE AID AND RESCUE FORCES AND/OR OTHER USERS OF THE APPLICATION.
Wherever these terms specify the scope of the Application Management's liability, the intent is also to the liability of its employees, its managers, and those acting on its behalf or in its name.
Receiving and sending notifications and correspondences in real time using the Application requires an internet connection (a Wi-Fi connection or 3G connection) in your end device. The costs of a connection as said are subject to the agreement between you and your cellular communications provider and to the payments that apply to you thereunder.
NOTE, MADA will only respond to your emergency if you dial MADA directly! For your convenience you can initiate such a call from within the Musketeer app.
Use of the Application and Services
The Application Management hereby gives you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited license that is time-restricted according to the Application Management's discretion ,to use the Application, subject to the provisions of these terms. The Application Management may terminate this license at any time for any reason or no reason.
You may only use the Application, its Services and content, subject to the rules specified below: you may not use the Application to send false alarms to other users; you may only use the Application for personal, private reasons; you may not use the Application commercially (for example, you may not offer your services to third parties using the Application and you may not sell the Application and Services, lease them, provide them to the public's service or integrate them into your own service and/or Application, all, unless the Application Management will allow it in writing and in advance); you may not copy and/or use, or allow others to copy and/or use content from the Application or related content for any purpose other than personal private use; you may not transfer, distribute, scrap, copy all or any part of the Services and/or the Application Management's Intellectual Property Rights (as defined below) and/or use the Services as a service bureau; you may not refer to the Application and/or Services by use of framing and/or deep-linking you may not transmit spam, chain letters, or other unsolicited email; you may not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Application and/or Services; you may not upload invalid data, viruses, spyware, worms, or other software agents or other harmful, infringing, illegal, disruptive or destructive content, messages or files, through the Application or Services; you may not use the Application and/or Services for any commercial solicitation purposes; you may not operate or enable the operation of any computer application or any other means; including robots, crawlers or any other types of software, to search, scan, copy or automatically retain content and/or Services from the Application; you may not create and you may not use means as said above to create an anthology, collection or reserve that will contain the Application's content; you may not display content from the Application in any way whatsoever, including within a visible or an invisible frame; you may not link, upload, or publish any content, service and/or media to the Application if they contain content that is pornographic , racist, discriminating, wrongful, abusive, infringing, harmful, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable, or unlawful, or content whose publication is against the law or that encourages any of the above; the Application Management will not bear any responsibility for any harm that may be caused as a result of any link to content or Services in the Application and from any presentation or publication thereof as said in any other way; you bear the full and exclusive responsibility for any link, presentation or publication of the content and Services made by you and you undertake to indemnify, defend, and hold harmless the Application Management from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising in connection therewith.
In connection with the use of the Application and Services, you represent and warrant to the Application Management that: (a) you have, and will have at all times, all permits, consents and right, title and interest as required to fulfill your obligations and grant to the Application Management any and all rights, licenses and consents hereunder, including, without limitation, in respect of the Content (as defined below); (b) you and your use of the Application and Services will comply with all applicable laws, rules, regulations, statutes, and ordinances.
Registering and Providing Details
You will not be required to give identifying details when downloading the Application but using the Application and its Services requires registration. Without registering to the Application, you will not be able to access or use the Application.
Upon registration, we will ask you to provide identifying details such as: your phone number, full name, age, e-mail address, residence address, profession and more. Required fields will be marked explicitly. The Application Management may change this policy and determine additional identification means upon registering and/or downloading the Application. Some of the details you provided upon registration such as your name may be visible to other Application users, such as in instances where you will send and/or respond to distress calls, or when using the Application's chat feature.
You must be at least 14 years of age to use the Application. If you are eighteen (18) years of age or older, you represent that you have read, understood and agree to be bound by these terms. If you are between the ages of fourteen (14) and eighteen (18), you represent that your legal guardian has reviewed and agreed to these terms. If you do not agree with all of these terms, or you are not at least fourteen(14) years of age, or you are between the ages of fourteen (14) and eighteen (18) and your legal guardian does not agree with all of these terms, please do not access and/or use the Application.
Stopping the Use of the Application
You may stop using the Application at all times and you are not required to notify the Application Management of the same.
At this stage, the Application's Services are provided free of charge. The Application Management reserves the right to charge a fee in consideration for downloading the Application and/or providing the Services and in connection with any other future service. In such an event, payment information for to any service and the means of charging for such service will be published in advance.
User Generated Content
In certain cases, the Application enables the users to publish information and content on their behalf (any such materials a user publishes, submits, posts, displays, or otherwise makes available on the Application, “Content" or "Information"). For example, there is an option for chats between the user who made a distress call and users who answered the call; the option to load user images or images of a specific event and more. You bear the exclusive responsibility for the Content and the Information you post in the Application and the consequences of posting or publishing it and you agree that the Application Management is only acting as a passive conduit for your online distribution and publication of your Content and is not obligated to screen any third party content.
What are you prohibited from posting in the Application? You may not post any advertising or commercial Content that is not related to the Application Management, the Application itself or the Services in the Application. When posting Content in the Application you must make sure it is compliant with law. Among other things and as an example only, you may not post the following Content in the Application: false alarms or fabricated distress calls; any Content that prejudices or violates others' proprietary rights, including, but not limited to, copyrights and trademarks; any Content that poses risk to a person's safety, security or health; any Content that personally identifies other people without them having given their consent to publishing their identity, or any Content that concerns and identifies minors, their personal details or address and the means of contacting them; any illegal Content which constitutes libel or that hurts a person's privacy or reputation; any Content of a harassing, offensive, hostile, threatening or rude nature; any Content that contains or that encourages racism or wrongful discrimination based on race, origin, skin color, ethnicity, nationality, religion, sex, occupation, sexual orientation, disease, a physical or mental disability, belief, political view, or socio-economic status; any Content that constitutes or encourages criminal offences or that may constitute grounds for a civil claim or civil liability; any Content that contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; any Content that promotes pyramid schemes, chain letters or spam or any advertising or promotional materials or any other solicitation of other users to use goods or services, or any other Content that is prohibited by law or according to these terms; any Content that falsely states or implies that such Content as said is sponsored or promoted by the Application Management, or that contains malice or is fraudulent in any other manner; any Content that interferes with other users of the Application including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Application and deleting or revising any Content posted by another person or entity.
The Application Management may refuse to publish or immediately delete, at any time and at its exclusive discretion, any Content you have posted for publication. In such an instance, the Application Management will also be authorized to prevent you from posting additional Content in the Application. The provisions in this section are in addition to the Application Management's rights under law. The Application Management reserves the right, but is not obligated, to reject and/or remove any Content that the Application Management believes, in its sole discretion, violates these provisions.
In connection with your Content, you affirm, represent and warrant the following:
A. You have the consent of each and every identifiable natural person in the Content to use such person’s name or likeness in the manner contemplated by the Application and these terms, and each such person has released you from any liability that may arise in relation to such use.
B. Your Content and the Application Management's use thereof as contemplated by these terms and the Application will not violate any law or infringe any rights of any third party, including but not limited to, any Intellectual Property Rights and privacy rights. The Application Management takes no responsibility and assumes no liability for any Content that you or any other user or third party posts or sends in the Application. You shall be solely responsible for your Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Application Management shall not be liable for any damages you allege to incur as a result of the Content.
For the purposes of these terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Rights to the Content – when you post Content for publication in the Application, you declare and confirm that you own all Intellectual Property Rights in them and also that you are entitled to post the Content and allow the Application Management to publish them and use all Intellectual Property Rights in them. The Application Management will not become the owner of the Intellectual Property Rights in the Content you will post. However, by posting any Content on the Application, you expressly grant, and you represent and warrant that you have all rights necessary to grant the Application Management a royalty free, fully paid up, worldwide, non-exclusive, sub licensable, transferable, perpetual, irrevocable license, to use, reproduce, modify, copy, make public, translate, distribute, make creations and derivative works and publicly perform and display the Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media, or technology now known or later developed . The Application Management's permission to use the Content is not limited and it includes commercial use at its absolute discretion. Posting Content for publication does not oblige the Application Management to publish or continue publishing this Content in the Application.
Checking Content – the Application Management may check the Content before and after publishing them to prevent inappropriate, improper or false Content from being uploaded or removing them once they have been published. The Application Management will not use the right to monitor Content in advance normally, and it does so only in rare cases. The Application Management has the exclusive discretion to decide which Content will be published, the duration for which they will be published, their location and design, and any other matter relating to their publication in the Application and it does not warrant that any specific Content will be published in general or for any specific period. Content that is posted by the Application's users does not express the Application Management's opinion or position, and its publication does not guarantee its validity, reliability, how recent it is, its accuracy, or legality.
The Application may contain general medical information, such as information on how to provide first aid. You hereby agree and acknowledge that the Application and any medical information it may contain are intended only to provide general and background information and so they do not constitute medical advice, a professional opinion, examination, self-treatment orders, diagnosis, a recommendation of any treatment, a recommendation to take any drug and so on. The Application and its content does not substitute seeking professional advice or direct professional instruction from a doctor or a certified caregiver in general, and in emergencies in particular. The use of the Application's Services and content is at your responsibility only. If you have chosen to utilize the information and content, you must first verify and confirm this with the appropriate professional.
It is hereby clarified and acknowledged that recommendations made by any means, including recommendations made by other Application users, to use a certain product, including a medical product and/or pharmaceutical and/or to purchase a service, treatment, pharmaceutical, medical or paramedical product or a product that has a medical effect or outcome requires consulting with an appropriate expert following an individual and detailed examination of each and every case. In any event, do not use any drugs or medical products without seeking prior professional advice from a doctor or caregiver through means other than the Application. In any medical emergency, do not rely on the information the Application provides, and contact a doctor or hospital. Delays in seeking medical care may have dangerous consequences. No action should be taken based upon any information contained in the Application. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Links to Third Party Content
The Application Management may place links to third party pages, content, products and/or services in the Application. The Application Management does not control the availability and content of those third party services and products or monitor them. Any concerns regarding any such services, content or products, or any link thereto, should be directed to the applicable third party service, product, or content provider.
These links do not attest to the Application Management acceptance, endorsement, recommendation of their content, reliability, legality and privacy procedures. These links may not suit your needs, you may object to their content and they may be offensive, inappropriate, illegal or immoral. The Application Management is not responsible for these links and it is not responsible for any result that may caused by using them or relying on them. Any use thereof is made at your sole risk and responsibility. You expressly relieve the Application Management from any and all liability arising from your use of any third-party website, service, or content.
The Application Management may place commercial content such as ads that are posted for publishing by various advertisers in the Application. The Application Management does not write, review or edit these publications' content or their reliability and it will not be responsible for any liability arising from your use of the commercial content that will be published in the Application on the behalf of third parties. Only the advertisers will be liable for the commercial content and to any result of using them or relying on them. Publishing the commercial content does not constitute a recommendation, endorsement or an encouragement to purchase the offered services and/or products. Additionally, your dealings with or participation in promotions of advertisers found in the Application, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Application Management shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
All Intellectual Property Rights embodied in or relating to the Application, the Services it offers, its database and any content it contains (other than Content that is posted for publication by you and by other Application users), including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, pictures, music, videos, various applications, social graphs, organization, structure, specifications, application "look and feel", features and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing (collectively, the "Application Content") belong to the Application Management alone and/or its respective affiliates, or to the third party that permitted the Application Management to use them, and, subject to the foregoing, the Application Management and/or its respective affiliates retains all right, title and interest in connection therewith.
No transfer or grant of any rights is made or is to be implied by any provision of these terms or by any other provision contained in the Application with respect to the Application Management's Intellectual Property Rights or otherwise.
You may choose to or we may invite you to submit comments or ideas about the Application and Services, including, without limitation, about how to improve the Application and/or Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Application Management under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Application Management does not waive any rights to use similar or related ideas previously known to the Application Management, or developed by its employees, or obtained from sources other than you.
You agree not to copy, license (or sub-license), rent, reproduce, transmit, distribute, publicly display, publicly perform, transfer to the public, change, adapt, edit, process, create derivative works, sell or lease any part of the Application Content, whether alone or through or in cooperation with a third party, by any way or means, without obtaining the Application Management's prior written consent. You further agree not to reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the software available in the Application. The Application's name and the names of Services in the Application, the trademarks in the Application (whether registered or not), the Application Management's name and trademarks are all the property of the Application Management or the holders of rights in the Services it includes, and they may not be used as said. Please note that the Application Management may protect the service using technological means intended to prevent unauthorized use thereof. You undertake not to circumvent these means.
In case you are using the service through an Apple Inc. device, you accept that:
Limitation on Exporting
No Warranty and Limitation of Liability
THE APPLICATION, INCLUDING THE CONTENT AND SERVICES IT CONTAINS, IS PROVIDED "AS IS", IT MAY NOT BE ADJUSTED TO EACH INDIVIDUAL PERSON'S NEEDS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APPLICATION OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HEREBY CONFIRM THAT YOU HAVE CHECKED THE APPLICATION AND THE SERVICES AND FOUND THEM TO BE SUITABLE TO YOUR NEEDS AND PURPOSES. YOU WILL HAVE NO CLAIM OR DEMAND TOWARD THE APPLICATION MANAGEMENT FOR THE APPLICATION'S FEATURES, CONTENT, SERVICES, ABILITIES, RESTRICTIONS, THE RULES THAT PERTAIN TO IT AND ITS SUITABILITY TO YOUR NEEDS. USE OF THE APPLICATION, ITS SERVICES AND/OR ITS CONTENT WILL BE MADE AT YOUR EXCLUSIVE RESPONSIBILITY AND THE APPLICATION MANAGEMENT SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT HARM THAT MAY BE CAUSED TO YOU, TO ANYONE ON YOUR BEHALF OR TO ANY OTHER THIRD PARTY. THE APPLICATION MANAGEMENT DOES NOT WARRANT THAT THIRD PARTY CONTENT AND SERVICES IN THE APPLICATION WILL BE FULL, RELIABLE, CORRECT, LEGAL OR ACCURATE, OR WILL FIT YOUR EXPECTATIONS AND DEMANDS. THE APPLICATION MANAGEMENT SHALL NOT BEAR ANY RESPONSIBILITY FOR ANY OUTCOME OF USING THEM OR RELYING ON THEM.
IN CASE OF DISTRESS IN GENERAL AND MORTAL DANGER IN PARTICULAR, USING THE APPLICATION DOES NOT SUBSTITUTE IMMEDIATELY CALLING THE LAW ENFORCEMENT FORCES AND/OR THE AID AND RESCUE FORCES. IN ANY CASE, YOU MUST FIRST CONTACT THE COMPETENT AUTHORITIES.
THE APPLICATION IS DISTRIBUTED IN THE HOPE THAT IT WILL HELP ITS USERS AS A MERE COMPLEMENTARY SOLUTION, BUT WITHOUT THE APPLICATION MANAGEMENT ASSUMING ANY RESPONSIBILITY OR UNDERTAKING AND IN PARTICULAR, WITHOUT WARRANTY THAT ANYBODY WILL BE AVAILABLE TO ASSIST YOU AND/OR THAT OTHER USERS WILL BE NEAR YOU WHEN YOU WILL BE IN DISTRESS, AS WELL AS REGARDING THE QUALITY AND/OR PROFESSIONAL LEVEL OF THE AID YOU WILL RECEIVE FROM THE LAW ENFORCEMENT FORCES AND/OR THE AID AND RESCUE FORCES AND/OR OTHER APPLICATION USERS.
THE APPLICATION MANAGEMENT DOES NOT WARRANT THAT THE APPLICATION'S SERVICES AND CONTENT WILL NOT BE INTERRUPTED, WILL BE PROVIDED REGULARLY OR WITHOUT INTERMISSIONS OR INTERRUPTIONS, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WILL BE PROVIDED SAFELY AND WITHOUT ERROR, AND WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENT OR PROOF TO UNAUTHORIZED ACCESS OR AGAINST HARMS, MALFUNCTIONS, ERRORS OR FAILURES , ALL, IN THE SOFTWARE, HARDWARE, COMMUNICATION LINES AND SYSTEMS, OF THE APPLICATION MANAGEMENT OR ANY OF ITS SUPPLIERS. THE APPLICATION MANAGEMENT SHALL NOT BE LIABLE FOR ANY HARM THAT WILL RESULT FROM LOSING YOUR DETAILS, –IN WHOLE OR IN PART, AS A RESULT OF A FAILURE IN YOUR COMPUTER SYSTEMS OR THE APPLICATION MANAGEMENT'S COMPUTER SYSTEMS, OR THE COMPUTER SYSTEMS OF ANYONE ON ITS BEHALF. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION'S SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
THE APPLICATION MANAGEMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE APPLICATION MANAGEMENT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE APPLICATION MANAGEMENT AND/OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER, TO YOUR USE OF THE APPLICATION AND/OR SERVICES AND/OR THE APPLICATION MANAGEMENT INTELLECTUAL PROPERTY RIGHTS, OR RELIANCE ON THE APPLICATION AND/OR ANY OF SERVICES AND/OR THE APPLICATION MANAGEMENT INTELLECTUAL PROPERTY RIGHTS, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE APPLICATION MANAGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Violation and Indemnification
You agree to defend, indemnify and hold harmless the Application Management and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, suppliers, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Application and Services, including any data or content transmitted or received by you; (ii) your violation of any term of these terms, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Application and/or Services with your unique username, password or other appropriate security code.
Changes in the Application and Termination
The Application Management may replace altogether or adjust and/or modify periodically the Application's content, Services, characteristics, design and availability and any other aspect of the Application and the Services, with no need to notify you of this in advance. Naturally, these changes may involve malfunctions and interruptions. You will have no claim or demand against the Application Management due to the performance of such changes or malfunctions that may occur during their performance. The Application Management may terminate the Services from time to time for maintenance, repairs, upgrading and improvement of the Services. In addition, the Application Management may terminate the Services in whole or in part at all times. The Application Management will make an effort to publish a notice of the termination of Services in the Application or via another acceptable mean a reasonable amount of time in advance but it is not obligated to do so. Upon terminating the Services, the Application Management will continue to keep the material included in the Application for a reasonable duration and then it will be authorized to delete it without making any back up thereof and without issuing any additional notice.
We may terminate these terms and/or suspend your right to access or use any portion or all of the Application or Services and/or the Application Management Intellectual Property Rights immediately (including, without limitation, the license set forth above), at our sole discretion and without notice. Upon termination, you shall immediately cease using the Application and Services and/or the Application Management Intellectual Property Rights.
The Law and Jurisdiction
These terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel-Aviv. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
Assignment of Rights
The Application Management may assign these terms in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer these terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of the Application Management. Any unauthorized assignment will be void and of no force or effect.
Notice and Takedown, Intellectual Property Infringement Policy and DMCA Compliance
In the event that you believe that any content included in the Application and/or Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to the Application Management in the following link firstname.lastname@example.org, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
It is the Application Management's policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Application infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Application Management's Designated Copyright Agent at: Musketeer c/o RocketSpace 225 Bush St, Floor 12 San Francisco, CA 94104 Attn: Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed 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 reasonably sufficient to permit the Application Management to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly;
Information reasonably sufficient to permit the Application Management to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that the Application Management may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
Counter-Notification: If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): A physical or electronic signature of the subscriber; 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; 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; 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 Application Management may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
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.
If any provision of these terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these terms and shall not cause the invalidity or unenforceability of the remainder of these terms. This is the entire agreement between you and the Application Management regarding the subject matter herein. Nothing in these terms shall be considered as granting any rights to third parties towards the Application Management. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing. Any waiver or failure to enforce any provision of these terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Any cause of action arising out of or related to the Application or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: email@example.com.
Last updated: 01/01/2015