BeLive Studios Terms of Service

Last updated: March 26, 2024

The availability of the App and the Services may also be dependent on the third party from whom you received the App license, e.g., Android Google Play ("Google Play"), App Store ("App Store"). You acknowledge that these Terms are between you and BeLive Studios and not with Google Play or Apple, Inc.

These Terms of Service ("Terms") govern your - whether as a visitor and or an account holder ("User") - access to and use of the software applications (the "App"), this website (and all related websites of BeLive Studios), products, technologies and services provided by BeLive Studios Ltd. and its corporate affiliates, for the broadcast of live streams via social networks platforms, e.g., Facebook Live, Youtube or Twitch, ("Social Network") (together, the "Services") (unless we have posted special terms of use to a particular website or with respect to a particular service), so please read these Terms carefully, before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or to the Privacy Policy, you may not access or otherwise use our Services or any information contained herein.

We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App/website and will apply to causes of action arising after the effective date of the change.

You are solely responsible for checking the Terms for updates or changes, and we recommend you do so on an ongoing basis to ensure that you agree with its updated terms. You can easily discern if any changes have been made in the Terms by checking the "Last Updated" date at the top of the Terms.

If we make material changes to this Terms, we will notify you by email or through the App.

Your continued use of our Services following the posting of changes to this Terms or receipt of the notice, whichever occurs first, means that you accept those changes.

By accessing or using our Services, you confirm that:

In order to use the Services, you must have access to the internet or a wireless network, and you agree to bear all fees associated with such access. You also agree to pay all fees (if any) charged by Google Play and/or App Store in connection with the Services, including the App. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., Google Play's and/or App Store's terms and policies, as applicable) when using the Services. You acknowledge that Google Play (and its subsidiaries) and/or Apple Inc. (and its subsidiaries), if applicable, are third-party beneficiaries of the Terms and will have the right to enforce them.

Using our Services

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-sub licensable, revocable license use the Services, and, if applicable, 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. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

Certain features of the Services, including such that provided through the App, require access to and use of your device's media storage applications (e.g., to upload a cover image for a broadcast). Although you may decide whether or not to use these features on Android/IOS 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. 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 DEVICE TO BELIVE AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you submit, broadcast, upload, and/or post will be subject to the terms applicable to Content, as described below.

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, and the Apache 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.

Our grant of license to you is conditioned with:

Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.

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, and any other content on the Services ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are provided to you "AS IS", without any representation and/or warranty.

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.

BeLive Studios, the BeLive Studios logo and other marks are trademarks of BeLive. All other trademarks, service marks, and logos used on our Services are the trademarks, service marks, or logos of their respective owners.

All right, title, and interest in and to Services (including the Content and excluding User Content), including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of BeLive and its applicable licensors. We reserve all rights not expressly granted in and to the Services.

As a condition to using our Services, you are required to register to BeLive using your Social Network account. 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 email to dpo@be.live. You will be liable toward BeLive 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, all other data will no longer be accessible through your account and may not be available anymore.

Do not misuse our Services.

You agree to:

By using the Services you agree NOT to:


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.

BeLive Studios account holders may access the Services by any of our several subscriptions, as you may find in our Pricing page at https://belive.tv/packages

These Terms apply whether you are on a free plan or paid plan. Paid plans hereinafter referred to as "Paid Subscriptions."

Paid Subscription

By registering for a Paid Subscription to the Services, you warrant that (1) you are at least 18 years of age (or older where required under applicable law) or at least 16 and have your parent or guardian’s consent to these Terms, (2) all information you provided during the registration process is true and accurate, (3) you will not permit third parties to access your account information or to otherwise assign or transfer your rights to the Services, (4) you will provide us with a current, valid and accepted PayPal account (as such may be updated from time to time, the “Payment Method”) and (5) you are the account holder of the PayPal account you provide to us.

Throughout the term of your Paid Subscription, you are responsible for maintaining the confidentiality of your registration and login information. Accordingly, if your payment cannot be processed for any reason, including because your Payment Method is no longer valid, we may terminate your access to the Services immediately. You are responsible for all charges incurred during your use of the Services, including any charges incurred on your account by other parties. PLEASE NOTE THAT SUCCESSFUL REGISTRATION FOR A PAID SUBSCRIPTION TO THE SERVICES IS SUBJECT TO OUR ACCEPTANCE AND CONFIRMATION TO YOU, WHICH MAY BE GIVEN OR REFUSED IN OUR SOLE DISCRETION.

The yearly Paid Subscription is a 12 months fixed term which is paid for in full in advance and will be automatically renewed and charged again after 12 months, UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE MONTHLY PERIOD THAT YOU WISH TO CANCEL YOUR PAID SUBSCRIPTION. In contrast to the monthly Paid Subscription, it cannot be canceled during the 12-month term by the User.

All monthly Paid Subscriptions are on a month-to-month recurring basis, beginning on the date we confirm that we have accepted your order for the Services and continuing for recurring one (1) month periods from the date on which you make your first payment for your chosen Paid Subscription to Services unless and until you cancel your Paid Subscription or we terminate it (in each case in accordance with these Terms). This paragraph is applicable solely to monthly Paid Subscriptions. If you purchase a Paid Subscription, then each month of your Paid Subscription beginning on the date on which your first payment is payable to us, we will charge your Payment Method, and you authorize us to collect the applicable Paid Subscription payment and applicable taxes. You can cancel your monthly Paid Subscription at any time, but you must cancel your Paid Subscription before it renews for a subsequent month in order to avoid being charged for the subsequent month’s Paid Subscription fees. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE MONTHLY PERIOD THAT YOU WISH TO CANCEL YOUR PAID SUBSCRIPTION, YOU UNDERSTAND THAT YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR SUCCESSIVE ONE (1) MONTH PERIODS AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE PAID SUBSCRIPTION PAYMENT AND APPLICABLE TAXES.

Billing Information

Should you register for a Paid Subscription, we automatically bill your Payment Method each month, on the calendar day corresponding to the commencement of your Paid Subscription, in the event of a monthly Paid Subscription, and in the event of a yearly Paid Subscription – a one-time payment for the full 12 months on the calendar day corresponding to the commencement of your yearly Paid Subscription.

Sales/Use Taxes

BeLive may be required to collect sales or use tax for certain purchases, including for the purchase of Paid Subscriptions. In states or regions that impose a sales or use tax, certain purchases might be subject to tax even if BeLive is not required to collect sales or use tax by any particular state or region. A purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors, including whether the seller is subject to a tax collection obligation in that state or region.

The purchaser may be responsible for any taxes not collected by BeLive. Certain states require purchasers to file a sales/use tax return annually, reporting taxable purchases that were not taxed and to pay such tax. For details, check with the applicable taxing authority. If BeLive collects sales or uses tax in connection with a purchase, the amount of the tax will either be shown prior to completion of the purchase or reflected in the final confirmation of that purchase.

Cancellation/Refund Policy

You may only cancel your Paid Subscription to the Services in accordance with these Terms. To cancel your monthly Paid Subscription, please contact team@be.live or use the chatbox at our website. Cancellations will only be effective at the end of each Paid Subscription period. Except only as otherwise expressly set out in these Terms, PAID SUBSCRIPTION FEES ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS, PARTIAL REFUNDS OR CREDITS FOR PAID SUBSCRIPTIONS OR PARTIAL PAID SUBSCRIPTION PERIODS. This means that you will have continued access to the Services for the remainder of the current Paid Subscription period and will not receive a refund.

However, please note, in addition, that you have a right to cancel your Paid Subscription and receive a full refund (if we have taken any payments) at any time during the period commencing from the time at which we accept your order for the Services and ending at the end of the 14th full day after the date on which we accepted your order, but only if you have not logged in or otherwise used the Services under the Paid Subscription (“Cooling-Off Period”). If you have a Paid Subscription, you may cancel it without cause at any time, but PLEASE BE AWARE THAT ANY CANCELLATIONS MADE IN THIS WAY AFTER EXPIRY OF THE COOLING-OFF PERIOD WILL ONLY BE EFFECTIVE AT THE END OF THE RELEVANT PAID SUBSCRIPTION MONTH IN WHICH THE CANCELLATION IS MADE (AND IN THE EVENT OF A YEARLY PAID SUBSCRIPTION, CANCELLATION AFTER THE COOLING-OFF PERIOD WILL NOT ENTITLE TO ANY REFUND). This means that if you cancel for convenience after the Cooling-Off Period, you will have continued access to Services under the applicable Paid Subscription for the remainder of the current Paid Subscription month/year (as applicable) and will not receive a refund.

BeLive may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Services after the price change takes effect, you accept the new price.

Voluntary suspension

If you are on the monthly-billed subscription plan, you may ask to suspend your account for a period of up to 3 months. The voluntary suspension is free of charge and is allowed no more than once in 12 paid months.

For Suspending or unsuspending the account, you need to contact our support, but if you don’t contact our support for unsuspending the account after 3 months of voluntary suspension – the account will be reactivated automatically, and your account will be charged again in accordance with the terms of the paid plan you are subscribed to.

We reserve the right, at our sole discretion, to accept or decline your request for voluntary suspension. We may further, at our sole discretion, revoke our consent for the voluntary suspension at any time, with or without cause and without notice. If we determine (at our sole discretion) that you misused or abused the voluntary suspension – we may charge you for the suspended months.

You hereby acknowledge that we may at our sole discretion – with or without cause, including without limitation in the event of a breach of these Terms – terminate or suspend your access to the Services (including Paid Subscription) immediately and without notice, without refund and without bearing any liability

User Content

As a user-generated video platform, we allow you and other users of the Services to submit, upload, broadcast or post content (including without limitation information, video, 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) via the Social Network. Anything that you or other users submit, upload, broadcast, and/or post or otherwise make available on our Services is referred to as "User Content."

You retain full ownership, copyright and/or all other applicable rights in, and are solely responsible for, the User Content you submit, upload, broadcast and/or post using the Services. You represent and warrant that you have all the rights, power, and authority to submit User Content for use on the Services. If you submit User Content which is not rightfully yours, you may be subject to liability. If you believe that your copyright has been infringed, please send us a notice as set forth below.

  1. License for User Content

You should only provide User Content that you are comfortable sharing with others under these Terms.

When you upload, broadcast, post or otherwise submit User Content using our Services via the Social Network, you hereby give us (and our successors, and those we work with) a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, free of charge and royalty-free right to host, store, reproduce, copy, remove, retain, add, process, analyze, modify, edit, create derivative works, improve, communicate, publish, transmit, distribute, broadcast, publicly perform, publicly display and distribute, exploit, use and commercialize such User Content, subject to our Privacy Policy in any form, medium, device, technology, media or distribution method now known or in the future discovered, without any further consent, notice and/or compensation to you or to any third parties, including without limitation on third-party websites and platforms where the Services are syndicated. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to us. You further irrevocably waive any moral rights in your User Content, to the extent permitted by law, provided such is used pursuant to the above.

The User Content you submit, upload, broadcast, post, or display will be able to be viewed by other users through the Social Network and/or third-party services and websites.

When you provide us with any suggestions, information, ideas, or feedback concerning the Services or Content on or in the Services, including, without limitation, through e-mails, comments or postings (collectively, "Feedback"), the Feedback will be the sole and exclusive property of BeLive. You agree to assign and hereby assign to BeLive all rights, title, and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist BeLive in perfecting and enforcing such rights.

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 User Content (for example under other licenses).

  1. Removing User Content

All User Content is the sole responsibility of the person/s who originated such User Content. We do not monitor, edit, modify, delete, remove, or control the User Content posted, submitted, uploaded, broadcasted via the Services and, we cannot take responsibility for such User Content. Any use or reliance on any User Content or materials posted via the Services, obtained by you through the Services, or used by you in connection with the Services is at your own risk. We cannot be held responsible for your User Content or third-party Content uploaded, stored, shared, or published using the Services.

Nonetheless, should it come to our attention that User Content is not in compliance with these Terms, we shall have the right, in our sole discretion, to remove such User Content without incurring any liability.

  1. Warranty for your User Content

Any information you upload or otherwise submit to the Services is at your own risk of loss. You shall be solely responsible for your User Content and the consequences of submitting, uploading, broadcasting, posting, or publishing them. By uploading, broadcasting, posting, or otherwise submitting User Content to the Services, you represent and warrant that:

"Intellectual Property Rights" means any and all rights, titles, and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.

  1. Conditions to uploading User Content

As a condition to using the Services, and as a condition to uploading, broadcasting, posting or otherwise submitting User Content to the Services, you agree to these terms, to the Social Network Policies, and to strictly observe the following:

You will not display, broadcast, post, submit, publish, upload, transmit, send, or otherwise make available or initiate any User Content that:

Social Network Policies

By using Be.Live platform to engage with social networks, you hereby acknowledge and agree that you are bound by Social Network’s policies, including without limitation: YouTube’s terms of service (https://www.youtube.com/t/terms) and privacy policy (https://www.youtube.com/yt/about/policies/#community-guidelines), Facebook’s policies (http://facebook.com/policies) terms of service (http://facebook.com/legal/terms), data policy (http://facebook.com/about/privacy), and Twitch's terms of service (https://twitch.tv/p/legal/privacy-policy), Google's privacy policy (https://policies.google.com/privacy?hl=en-US); and such other policies, guidelines, and best practices implemented by any Social Network, whether now known or hereinafter in effect (collectively “Social Network Policies”). You are solely responsible for compliance with Social Network Policies in connection with your use of the Services. We cannot be held responsible for your non-compliance with Social Network Policies in connection with your use of the Services.

Third Parties' Links, Websites, and Services

The Services may contain links and interface (by API or otherwise) to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site.

If you access any third party's website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release BeLive (and its owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left the Services and to read the terms and conditions and privacy policy of each other website that you visit.

Be aware that certain Social Networks allow you to manage the connection between your Social Network account and your BeLive account, and also to revoke or disconnect the linkage between the accounts. For example, this can be done from your Google security settings screen (which affects both your Google and Youtube accounts) that may found at https://myaccount.google.com/intro/security?hl=iw.

However, please note that if you change your settings or revoke our access to your Social Network account - it may disrupt or prevent your enjoyment of certain or all of our Services.

Mobile Services

BeLive Studios may make certain features of the Services available via your mobile phone. In addition to any charges disclosed to you by BeLive, your carrier's normal messaging, data and other rates and fees may apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features.

Disclosure

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:

Copyright and Content Policy

It is our policy to respect the legitimate rights of the 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, BeLive Studios 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). Notwithstanding the foregoing, please note that the Services are being provided via the Social Network and therefore, we may not have the right or ability to provide any remedy with respect to such infringement notification.

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 the 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

BeLive Studios Ltd.

7 Kadish Luz St,HAIFA, Israel 3215904

team@be.live

Please also note that 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 submitted, uploaded, broadcasted and/or posted was removed by mistake and that you have the right to submit, upload, broadcast and/or 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 our designated agent as follows:

Copyright Agent

BeLive Studios Ltd.

7 Kadish Luz St,HAIFA, Israel 3215904

team@be.live

Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Disclaimers

Further, as a user-generated video platform, we provide NO liability for User Content.

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" and "AS AVAILABLE" basis without warranty of any kind, whether express or implied.

You understand that when using the Services, you may be exposed to 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 or views 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.

We do not warrant, endorse, represent or guarantee the completeness, truthfulness, accuracy, or reliability of 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 User Content that is inaccurate, harmful, 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. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, broadcasted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

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, SATISFACTORY 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: (I) THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, (ii) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, (iii) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (IV) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (V) DEFECTS IN THE OPERATION OF THE SERVICES WILL BE CORRECTED,(VI) OR THAT THE SERVICES 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 OF THE SERVICES, 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 WEBSITE.

Limitation of Liability and Assignment

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, 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 TRANSMISSIONS OR CONTENT; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR (AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES.

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, SHAREHOLDERS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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.

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 one of 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.

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, 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.

General

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.

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