- If you do not understand or if you disagree with any of the terms contained in this document, you are requested to refrain from using the Application altogether.
- You may not use the Application if you are under 13, or the minimum age in your country which allows minors to engage in activities such as the Application offers.
- When setting up an account, you will be asked to provide information that will enable us to identify you, such as your full name, cell phone number and e-mail address . All registration details must be complete and accurate.
- In order to allow the Company to possibly monitor the Content, the Content is currently limited to the Hebrew and English languages. We aim to expand the use of the Application to additional languages.
- You may delete any Content you have uploaded to your account. Upon deletion of a particular story, all comments and any other related Content posted by other users shall be deleted as well.
- Since we do not guarantee that any Content uploaded by you to the Application will be permanently stored in our systems or published, we recommend that users keep copies of their Content. We especially recommend that Users will keep in their systems, save and safeguard their recorded Stories.
- We strive for a civilized discourse, conducted in a safe space. You are therefore required to be cautious when uploading Content and to me mindful all language and imagery. Any Content that you post, whether intended for the general public or for a customized audience, should be, for the sake of caution, suitable for all ages.
- You may not post any Content under another person’s name or impersonate another person using your account.
- You may not publish any Content which entails –
- A violation of any provision of law.
- False, misleading, or deceptive materials or statements.
- An enticement to a criminal offense or any cause for a civil lawsuit.
- A violation of any intellectual property right, including copyright and trademark.
- Libel, a violation of the right of publicity or the right of privacy, including without limitation, Content which provides identifiers of any person without that person’s consent, such as home or e-mail address, or unauthorized disclosure of personal and confidential information (e.g. financial information or personal status); Content which contains the identifiers of a minor (e.g. name, place of residence, school or contact info). Any publication of anything related to a minor requires the consent of his or her parents or legal guardians.
- Pornographic Content, or Content which includes sexual references that are inappropriate given the potential audience, including minors.
- Advertisements, or any material that includes a dominant commercial message which overrides its content value.
- Offensive, obscene, threatening, or hostile language.
- Expressions of racism, discrimination, manifestations of hostility against the general public or sections of the population, pertaining to skin color, race or national-ethnic origin, gender, sexual orientation, physical or mental disability, occupation or political affiliation.
- Content whose purpose or effect is to cause harm to Company or the Application.
- An impersonation by the account holder or the alleged writer or creator to another person.
- You may not use the Application to disseminate or send advertisements or promotional material to other Users. You are strictly forbidden from using the Application for the purpose of sending spam messages of any kind.
- The Application, including any design, photograph, text, logo, sound recording, graphics, image and any other material which is embedded in or displayed by the Application, are protected by intellectual property rights, including copyright. In the relationship between Users and Company, Company owns the intellectual property rights in the registered and unregistered trademarks associated with My Record and/or holds the necessary permissions for the operation of the Application.
- The Content, including the stories and the comments, is subject to third party copyright. You may only make personal and private use of the Application and all materials within. You may not make any commercial use of the Content, including the stories, or of the Application, without obtaining the prior written consent of Company and/or the applicable rights holders.
- You may not, either yourself or by way of permitting others, modify, reproduce, copy, publish by any means (including online or through other applications), transmit, publicly display, disseminate, create derivative works or distribute the Content, including any text, recording, trademark, design or image included therein, without Company’s or the applicable party’s prior written consent, as the case may be.
Intellectual Property – Uploading Content
- You warrant that any Content that you may post or upload is entirely original with you and that you own or control all intellectual property rights in the Content, or alternatively, that you have received all required permissions, in advance and in writing, from the rights holders to use it within the Application. Please be aware that it is legally prohibited to copy or borrow any story, or any part of it, from another work, and that any material that you may attach or include in your story, if created by another person, requires the creator’s prior written approval.
- To the extent that any Content you upload includes music, video, texts, images or any other work by a third party, you warrant that you hold all the rights and permissions necessary for the use of the material within the Application, or alternatively that you have received all relevant rights (e.g. copyright, performers’ rights and synchronization rights) for said use of the material. You are solely liable for the inclusion of any work in your Content. You are solely responsible for all payment obligations (e.g. royalties and residuals) that may arise in connection with the use. The Company will not be subject to any obligation or liability, either monetary or other, toward any rights holders of the works contained in the materials that you upload to the Application.
- Your content will not violate any third party moral rights. In the event that you lawfully publish works by third parties in the Application, you must grant the original creator appropriate credit in conjunction with the Content.
- You grant Company an exclusive license to distribute and publish the Content that you upload or post within the Application and to perform all activities involved in said publication, including copying, storing, transmitting and converting files. You authorize Company to publish the Content in the Application and to distribute it in the various technologies in which it is, and will be, available.
Consent to Use of Data
- You agree that Company may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Limitation of Company Liability
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- The Application is a technological platform which allows for independent and unsolicited uploading of Content. The Content is not on behalf of Company, but solely on behalf of and under the responsibility of the Users who upload it. Therefore, Company is not liable for the conduct of Users and visitors to the Application, or to any Content on their behalf. The company will not be liable to any damage caused to any third party as a result of the publication of any Content. The Application’s Users and visitors have sole responsibility over the publication of any Content they upload. Whether you are a user or a visitor, you undertake to indemnify the Company for any damage or liability caused to Company as a result of any Content you have published, including without limitation, Company’s legal costs and expenses.
- Company shall not be liable for the conduct of Users and visitors of the Application, or to any Content on their behalf. Company is not responsible for the Contents’ compliance with the provisions of any law, or for the veracity of the Content or its completeness. Company shall not be responsible for any damage caused to any third party as a result of the publication of the Content or any reliance on the Content.
- The Content should not be construed as a qualified recommendation, and it may not replace consultation with professionals such as physicians, lawyers, investment brokers or consultants in other fields.
- We reserve the right to make any changes to the Application, remove and suspend any functionalities, at any time, according to our sole discretion. We may discontinue the availability of the Application, temporarily or permanently.
- There may be technical problems in the process of “pinning” (i.e. identifying) a geographical location that is linked to a particular story, including possible mapping errors. The story may be consequently linked to a wrong location or to no location at all. Company will not be liable for such errors.
- We do not undertake and do not give any representation as to the availability, functionality, or performance of the Application. The Application may be supported by some mobile devices and operating systems, but not all.
- You are solely responsible for any use and any action you perform in connection with the Application and undertake that any use or action you may take will be in accordance with all applicable law. You warrant that you will refrain from any use of the Application that may disable, impair or damage it, including the use of viruses and malware.
- You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Company may assign its rights and obligations under this document to any third party, at its sole discretion and without any obligation to announce the assignment in the Application or otherwise.
- In the event that it is determined that one of the terms of this document is invalid or unenforceable, it will not detract from the validity of the document and / or the validity of the other terms specified therein, while the revoked condition will be replaced by a new condition that is as similar and consistent as possible.
- All matters related to and arising from the Application and/or this document will be under the exclusive jurisdiction of the competent courts in the city of Tel Aviv, Israel.