Terms of Use

[Effective Date: September 5, 2019]

1. LEGAL AGREEMENT.

YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH MEDIA FORCE LTD. (REFERRED TO BELOW AS THE ‘OWNER OF THIS WEBSITE’, OR ‘WE’, ‘OUR’ AND ‘US’) AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND/OR USING THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE POSTED PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER OR USE THIS WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES THIS WEBSITE OFFERS OR THE CONTENT ADVERTISED THEREON.

2. USER AGREEMENT.

By accessing and using this Website, you agree to be bound by, and to comply with, these Terms of Use and the posted Privacy Policy which is incorporated herein, by this reference, into these Terms of Use. Each party agrees to waive any applicable rights to require an original or non-electronic signature or delivery or retention of non-electronic records, to the extent no prohibited under an applicable law. You must be 18 years of age to use this Website. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices posted on this Website, you agree that your sole and exclusive remedy is to discontinue using this Website.

3. CHANGES TO TERMS AND CONDITIONS AND POLICIES.

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms of Use or Privacy Policy, which appear on this site at any time for any reason which change, modification or alteration is effective ten (10) days after posting on this Website without further notice to you. It is your responsibility to review the Terms of Use and Privacy Policy for changes periodically. Your continued use of this Website following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.

4. MARKETING DISCLOSURE.

This website is a market place. All services and products ordered from this Website belong to third parties and not the owner of this Website. The owner of this Website has a Content financial connection to the provider of the goods and services referred to on the Website. The owner receives payment for each qualified sale or payment for each potential customer referral. The owner may be advertising on behalf of a third party advertiser with whom the provider of the products or services also has a Content financial connection in that both advertisers receive payment for each qualified sale or payment for each potential customer referral. Information regarding the products and services on this website are provided by a third party owning or advertising such product and service on the Website and therefore the correctness of such information are unknown to the Website owner who does not undertake due diligence to confirm such third party representations regarding third party advertising claims.

Redirected to Third Party Sites. You will be redirected to the third party who is presenting advertising through this Website. You should review their terms and conditions and privacy policy as they differ significantly from those posted on this Website. The owner of this website is not affiliated with the third party advertiser other than stated above. The owner does not recommend or endorse any product or service on this website. If you are contacted by phone from the third party advertiser you should request their terms and conditions and privacy policy at that time before providing any personal information to the caller.

Disclaimer. The owner of this Website does not warrant, endorse or guarantee any Third Party Content or User Submission (defined below). The owner makes not representation or warranty with respect to any claims made in such content and disclaims all liability for such content. You expressly agree that the owner of this Website is not responsible for any third party content irrespective of its origin and that the risk of harm or damage is known and rest entirely with you.

5. PROHIBITED USER CONDUCT.

You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the site or any linked site. You are prohibited from accessing or attempting to access private areas of the site or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.

You are prohibited from using any data, content, and any information provided or used on the site, as well as your use of our site, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.

6. INTELLECTUAL PROPERTY.

The contents of this Website, such as text, graphics, images and other content (the "Website Content") are protected by applicable copyright or other intellectual property laws and treaties. These Terms of Use do not grant You any license whatsoever to the Website Content. We authorize You to view and download a single copy of the Website Content for your non-commercial personal use. Unauthorized use of the Website Content violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Website Content on any copy of such Content. Except as expressly provided in this Agreement, you may not sell or modify our Website Content or reproduce, display, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. Use of the Website Content on any other web site or in a networked environment is prohibited. The owner of this Website retains all intellectual property rights in the Website Content. All other trademarks, service marks, or logos are the property of their respective owners. We reserve all rights no expressly granted in and to the Website and the Website Content.

Website Content is provided to you for your information and personal use only. It may not be used, modified, copied, transmitted, distributed, licensed, sold or utilized in any manner for commercial use without the owner’s written consent. You may download or print a copy of the Website Content for your personal use and retention so long as all copyright and other proprietary notices are contained therein.

7. THIRD PARTY MARKETING CONTENT.

The function of this Website is to allow you to link to, view, access and utilize content of websites owned and operated by Third Parties (“Third Party Content”). Third Party Content is not owned or operated by the owners of this Website. We have no control of such sources and do not assume any responsibility or liability for such Third Party Content including but not limited to their terms of use, privacy policy, or business practices. It is important that you read the terms of use and privacy policy of all websites that link to this website as they may be substantially different from ours.

The owner of this Website expressly disclaims all warranties regarding the accuracy, appropriateness, usefulness, safety or intellectual property rights of and related to any Third Party marketing Content. Such Content may be inaccurate, offensive, or otherwise objectionable. It is your decision and choice to utilize Third Party marketing Content and all interaction such third party is at your sole discretion and risk. You expressly waive any legal or equitable rights or remedies you may have against the owner of this Website from any and all liability arising from your use and/or interaction with Third Party Marketing Content and its owner. Any questions or complaints related to Third Party Content must be addressed with the owner thereof and not this Website or its owner.

8. DISCLAIMER OF WARRANTIES.

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; AND (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER CONTENT PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.

9. LICENSE TO USE YOUR SUBMISSIONS.

This website may permit you and/or other users to provide submissions and/or comments ("User Submissions"). You agree that irrespective of whether User Submissions are published, by providing such a submission, you are waiving all confidentiality with respect to such submission. You further agree that you shall be solely responsible for your User Submissions as well as the consequences of posting, publishing or uploading them. The publication of a User Submissions is solely within the discretion of the owner of this Website and you agree to waive any notice to you regarding its publication. You further agree the owner may edit or remove any User Submission at any time without notice and for any reason.

By presenting a User Submission, you represent and warrant that you own or have the necessary rights and permissions to use and authorize this Website and its owner to use such submission and provide a non-revocable license to any and all intellectual property rights including but not limited to 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 in and to your User Submissions. Unless the User Submissions are separately referred to, all references herein to Website Content shall include User Submissions.

You hereby grant to this Website and its owner a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with this Website and the owner’s business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. This license extends to each user of this Website under the terms of the license granted by this Website in accordance with these Terms of Use.

You agree that your User Submission will not display, post, submit, publish, upload or transmit User Submission content that (i) is unfair or deceptive; (ii) is a third party protected content which is copyrighted, constitutes a trade secret or otherwise protected by third party proprietary rights, including privacy and publicity rights, except in the instance where you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, or interferes with an investigation by any law enforcement agency; (iv) disparages or impersonates a third person; (v) promotes illegal activities or relates to illegal gambling; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or otherwise offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or violates any law or (vii) is otherwise malicious or fraudulent.

You agree that we are not responsible for your exposure to other User Submissions and do not verify User Submission or claims made therein. You waive any claims for exposure to User Submissions that are inaccurate, offensive, indecent, or objectionable.

10. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, SERVICE OR PROMOTIONS AVAILABLE THROUGH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ACCESSING OR USING THE WEBSITE.

11. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THIS WEBSITE OR ITS OWNER BE GREATER THAN THE AMOUNT OF FEES RECEIVED FROM YOU (IF ANY) BY THE OWNER OF THIS WEBSITE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OF USE, PRIVACY POLICY OR USE OF, OR INABILITY TO USE, THIS WEBSITE.

12. CHOICE OF LAW, VENUE AND JURISDICTION.

You agree that the laws of Israel shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. Any dispute between You and the owner of this Website shall be submitted to the sole and exclusive jurisdiction and venue of the competent court in the Tel Aviv District in Israel. The owner of this Website makes no representation that Contents on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your residence does not permit your participation in this Service, then you are responsible for complying with such laws.

13. GENERAL TERMS.

If any provision of these Terms of Use is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use and posted Privacy Policy set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.