Terms & Conditions of Use
IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES.
ACCEPTANCE OF TERMS
These terms and conditions govern your ("you" or "user") access to and use of the website operated by CyBearSoft LTD ("Company" or "We") and the content, features, and services available on it (collectively, the "Services"). By continuing to use any part of the Services, you agree to comply with and be bound by these Terms of Use and the Privacy Policy (collectively, the "Terms"). If you do not agree to or understand the Terms, you should stop using the Services immediately. We reserve the right to modify these Terms at any time. In the case of significant changes, We will notify you by email or through a prominent notice on our website. You should review the Terms periodically, and by continuing to use the Services after changes are made, you agree to the updated Terms. If you are not comfortable with all provisions, please refrain from using the Services.
ARBITRATION NOTICE: SECTION 13 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN DISPUTES DESCRIBED IN SECTION 13, YOU AND THE COMPANY AGREE TO RESOLVE DISPUTES THROUGH MANDATORY INDIVIDUAL ARBITRATION, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.
LICENSE
LIMITED LICENSE TO ACCESS THE SERVICES.
Subject to the terms and conditions outlined herein, the Company grants you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, and limited license to access and use the Services for personal, non-commercial purposes, in accordance with these Terms. This license remains in effect until terminated as outlined in these Terms.
LIMITATIONS ON USE.
You agree to use the Services exclusively for your own personal, non-commercial purposes and for no other reason. By using the Services, you confirm that you are at least eighteen (18) years old. Unless expressly permitted by these Terms, you agree not to:
- Sell, license (or sublicense), lease, assign, transfer, or pledge any of your rights under these Terms to any third party;
- Transfer, distribute, copy, or scrape any part of the Services or the Company's Intellectual Property Rights (as defined below), or use the Services as a service bureau;
- Refer to the Services using framing or deep-linking;
- Use the Services in any jurisdiction where they are illegal or would require the Company or its affiliates to register within such jurisdiction or country;
- Use, encourage, promote, facilitate, or instruct others to use the Services for any illegal, harmful, or offensive purpose;
- Transmit or upload any viruses, spyware, or other harmful, illegal, infringing, disruptive, or destructive content, messages, or files;
- Access the Services through or use unauthorized methods, services, or tools, including but not limited to data mining, robots, or similar automated data gathering tools, to extract or reuse any part of the Services;
- Distribute, publish, or send advertisements, spam, inappropriate, inaccurate, misleading, fraudulent, defamatory, offensive, threatening, abusive, or illegal content, or content that infringes third-party Intellectual Property Rights (as defined below) or privacy rights;
- Copy, modify, translate, reverse engineer, decompile, or disassemble (except where prohibited by applicable law) any attempt to discover the source code of the Services or any other software available on the Services, or create derivative works thereof;
- Attempt to obtain private information from other users in any form;
- Attempt to interfere with, hack, or decipher any transmissions to or from the servers of the Services;
- Create false personas, multiple identities, set up an account on behalf of another person, or create a new account after your account has been disabled by us.
You are solely responsible for acquiring, paying for, repairing, and maintaining all the equipment, software, hardware, and services necessary to access and use the Services.
SUBMITTED MATERIALS
- SUBMITTED MATERIALS. You are solely responsible and liable for any Submitted Materials (as defined below). The Company bears no responsibility for any part of the Submitted Materials and reserves the right, at its sole discretion, to remove or edit any Submitted Materials without prior notice or explanation. NOTHING IN THESE TERMS OBLIGATES THE COMPANY TO DISPLAY OR USE YOUR SUBMITTED MATERIALS IN ANY WAY. Please be aware that all Submitted Materials may be made public, promoted, or distributed by the Company at its discretion, so it is advised not to include any content or information you wish to keep private. The Company does not provide backup or archiving services, and you are fully responsible for maintaining your own backups of your Submitted Materials.
- LICENSE TO SUBMITTED MATERIALS. By submitting your materials, you grant the Company a worldwide, irrevocable, perpetual, royalty-free license to use, host, store, display, reproduce, modify, adapt, edit, publish, and distribute your Submitted Materials, and to fully utilize them for the purpose of providing, maintaining, and improving the Services.
- REPRESENTATIONS AND WARRANTIES. You represent and warrant to the Company that your Submitted Materials:
- Comply and will continue to comply with all applicable laws, rules, regulations, and the Terms, and do not and will not infringe the rights of any third party, including intellectual property rights and privacy rights;
- Do not and will not contain any content that is threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory, or otherwise inappropriate, nor any commercial content;
- Are and will remain free from any restrictions, third-party rights, payment obligations, and/or royalties (including, but not limited to, those owed to any collecting societies).
"Submitted Materials" refers to any and all materials, including text, photographs, videos, information, or other data that you provide and/or upload to the Services.
Your Account
You are solely responsible for any actions taken within the Services using your credentials. It is your responsibility to keep your credentials secure. If you suspect that your credentials have been compromised by a third party or there has been unauthorized access to your account, you must promptly notify the Company and update your login details.
We welcome feedback from our users and appreciate your comments regarding the Services. However, please note that if you submit any ideas, suggestions, inventions, or materials related to the Services ("Feedback"), we shall:
- Own all rights, title, and interest in and to the Feedback without any limitations;
- Not be bound by any obligation of confidentiality regarding the Feedback;
- Have the unrestricted right to use the Feedback for any purpose, without any compensation or acknowledgment to you or any other person.
User Interaction
- During the interviews, certain information about our business (the "Information") may be shared with you for the purpose of providing feedback.
- The interviews will be recorded and used solely for our internal purposes, as outlined in our Privacy Policy, which applies to your interview.
- Any feedback you provide regarding our services or products may be used by us without restriction and without any payment obligation. You grant us full rights, title, and ownership of such feedback. You will not obtain any rights or licenses to any of our services or intellectual property through your feedback.
OWNERSHIP OF PROPRIETARY RIGHTS
All Intellectual Property Rights (as defined below) associated with, evidenced by, embodied in, contained within, or related to the Services or Feedback—including, but not limited to, any underlying software, platforms, algorithms, technology, application and website design, information, services, texts, Submitted Materials, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, application "look and feel," features, and related content created in connection with the use of or registration for the Services, as well as the selection and arrangement of any of the foregoing, and any modifications, enhancements, improvements, and derivatives thereof (collectively, the "Company IPR")—are owned by the Company and/or its affiliates, who retain all rights, title, and interest in connection with such rights. No transfer or granting of any rights is implied or provided by these Terms or any other provision in the Services concerning the Company IPR. "Intellectual Property Rights" refers to worldwide rights, whether registered or not, including:
- Rights associated with works of authorship, designs, and photography, including copyrights;
- Trademarks, service marks, domain names, logos, trade names, trade dress, and goodwill rights, whether registered or not;
- Patents, patent applications, and industrial designs;
- Rights analogous to those listed above and any other proprietary rights relating to intangible property;
- Divisions, continuations, renewals, reissues, and extensions of the foregoing (as applicable), whether now existing or hereafter filed, issued, or acquired.
USER WARRANTIES AND REPRESENTATIONS
You represent and warrant to Company that:
- You have, and will continue to maintain at all times, all necessary permits, consents, and rights required to fulfill your obligations and grant the Company any and all rights, licenses, and consents outlined herein, including, without limitation, those related to the Submitted Materials;
- You and your use of the Services will fully comply with all applicable laws, rules, regulations, statutes, and ordinances.
PRIVACY
The Company's privacy practices are governed by its Privacy Policy, the most current version of which can be accessed through the Services ("Privacy Policy").
DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY IPR IS AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION, COMPANY IPR, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT GUARANTEE THAT THE COMPANY IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, NOR THAT THE SERVICES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR OUTCOMES OF THE USE OF THE COMPANY IPR OR SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR ACCURACY, RELIABILITY, OR SUITABILITY. YOU ARE RESPONSIBLE FOR TAKING ANY PRECAUTIONS YOU CONSIDER NECESSARY TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, OR RISK THAT MAY ARISE FROM YOUR USE OR RELIANCE ON THE SERVICES AND/OR ANY OF THE COMPANY IPR.
WITHOUT LIMITING THE ABOVE, YOU ACKNOWLEDGE THAT COMPANY DOES NOT CLAIM TO ANALYZE ALL PRICES OR OFFERINGS FOR EVERY PRODUCT IN A SPECIFIC CATEGORY. FURTHERMORE, YOU AGREE THAT COMPANY'S PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND DO NOT CONSTITUTE ENDORSEMENTS OR RECOMMENDATIONS. SUCH RANKINGS AND SELECTIONS ARE GENERATED BY COMPANY'S ALGORITHM, WHICH FACTORS IN MULTIPLE PARAMETERS SELECTED BY COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTIONS, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, AS WELL AS ANY SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR RELIANCE ON THE SERVICES AND/OR COMPANY IPR. THIS ALSO APPLIES TO DAMAGES RESULTING FROM ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY FAILURE OF COMPANY TO PERFORM.
WITHOUT LIMITING THE ABOVE, IF COMPANY IS FOUND LIABLE BY A COMPETENT AUTHORITY DESPITE THESE TERMS, COMPANY'S AGGREGATE LIABILITY WILL NOT EXCEED A TOTAL AMOUNT OF ONE HUNDRED USD ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT THE WARRANTY DISCLAIMERS, LIABILITY LIMITATIONS, AND REMEDY LIMITATIONS IN THESE TERMS ARE A MATERIAL PART OF THE BASIS FOR THIS AGREEMENT AND HAVE BEEN CONSIDERED IN YOUR DECISION TO ENTER INTO THESE TERMS.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, along with its owners, managers, officers, affiliates, employees, agents, licensors, and suppliers, from and against any losses, expenses, liabilities, costs, claims, and damages (including attorneys' fees, expert fees, and other litigation costs) arising from, incurred as a result of, or in any way related to:
- Any use of your account and/or your use of the Services;
- Your violation of any third-party rights, including, without limitation, any copyright, property, or privacy rights, and any third-party claims related to the Submitted Materials;
- Any breach of these Terms.
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THIRD PARTY CONTENT, PRODUCTS AND SERVICES
The Services may include content, links, and references to third-party services, products, and resources. Company does not control the availability or content of these third-party services, products, or resources. Any concerns regarding such services, products, or resources, or any related content or links, should be directed to the respective third-party provider. Links are provided solely as an informational resource and for your convenience. Company is not responsible or liable for the content of such links. If you leave the Services via a link or access content not provided by Company, you do so at your own risk, and Company is not liable for any damages or losses incurred.
When you are redirected to third-party sites, applications, or content, we advise you to carefully review and comply with the terms of use and privacy policies of those entities. Some content and materials available through the Services may be provided by third parties. Any reference to third-party content (including Submitted Materials and advertisements), products, services, payment portals, or providers ("Third Party Content") does not imply endorsement, recommendation, or favoring by Company.
Third-party payment portals accessible through the Services are provided by third parties and are offered solely for your convenience. Any opinions, advice, statements, content, services, products, or offers made available by such third parties are the responsibility of the respective authors or distributors and do not necessarily reflect the views of Company. Company does not endorse, promote, or recommend these third parties or their products in any way and is not responsible or liable for them.
When you order a product or service related to Third-Party Content, it is not ordered from Company but from the applicable third-party provider. Company is not involved in any transactions related to the sale or delivery of Third-Party Content. The Company acts merely as a conduit for accessing Third-Party Content, providing a platform for informational purposes and easy access to third-party providers.
Company does not screen Third-Party Content and makes no warranties or representations regarding it, and shall not be held liable for any Third-Party Content. If you click on links to merchants or providers and make a purchase, this may result in Company earning a commission. Affiliate programs include, but are not limited to, the eBay Partner Network.
NOTICE AND TAKEDOWN
If you believe that any content included in the Services infringes upon your Intellectual Property Rights, right to privacy, or is defamatory or otherwise illegal, please submit a detailed notice of complaint to the Company. You can contact the Company using the contact details provided on the Services, identifying the specific content in question and providing the factual basis for your complaint. We will make reasonable efforts to review and, if appropriate, remove the content.
TERMINATION
We may terminate these Terms and/or suspend your access to or use of any part or all of the Services and/or Company IPR immediately (including, but not limited to, the license granted in Section 2.1 above) at our sole discretion and without prior notice. Upon termination, you must immediately stop using the Services, and the following Sections will remain in effect: 1, 2.2, 3-14.
In addition to any other rights and remedies available to Company under law and/or these Terms, Company reserves the right to limit or revoke your license and access to the Services and/or Company IPR at its sole discretion, at any time, and for any reason, including, but not limited to, technical difficulties or violation of these Terms. If your license to use the Services expires or is terminated, Company may, without notice, delete or deny access to any Company IPR, Submitted Materials, or metadata that may be in its possession or control.
Arbitration, Class Waiver, and Jury Waiver
Applicability of Arbitration Agreement.
All claims and disputes arising out of or related to these Terms or the use of the Services that cannot be resolved in small claims court will be settled through binding arbitration on an individual basis ("Disputes"), except that neither you nor the Company are required to arbitrate any dispute involving the enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). However, any Disputes related to or arising from your rights of privacy and publicity are not considered Excluded Disputes and will be subject to arbitration.
Arbitration Rules.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is unavailable, the parties will choose an alternative arbitral forum. The rules of the chosen forum will govern the arbitration, except when they conflict with these Terms. The AAA Consumer Arbitration Rules, which govern the arbitration process, are available online at www.adr.org or by contacting the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. For Disputes where the total amount sought is less than $10,000 USD, the party seeking relief may choose to resolve the matter through binding non-appearance-based arbitration. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined according to the arbitral forum's rules. Any judgment on the arbitrator's award can be entered in any court with proper jurisdiction.
Additional Rules for Non-appearance Arbitration.
If non-appearance arbitration is chosen, the arbitration will be conducted via telephone, online, through written submissions, or a combination of these methods, as determined by the party initiating the arbitration. There will be no personal appearances by the parties or witnesses unless both parties mutually agree otherwise.
Authority of the Arbitrator.
The arbitrator will determine their own jurisdiction as well as the rights and liabilities, if any, of both you and the Company. The dispute will not be consolidated with any other matters or combined with other cases or parties. The arbitrator has the authority to issue rulings that resolve all or part of any claim or dispute. They may also award monetary damages or grant any non-monetary remedy or relief that would be available to an individual under applicable law, the arbitral forum's rules, and these Terms. The arbitrator will provide a written decision, including the essential findings and conclusions that support the award, along with the calculation of any damages. The arbitrator possesses the same authority to grant relief on an individual basis as a judge in a court of law. The arbitrator's decision is final and binding on both you and the Company.
Waiver of Jury Trial.
YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY, EXCEPT FOR EXCLUDED DISPUTES. Instead, you and Company are choosing to resolve claims and disputes through arbitration. In any litigation between you and Company regarding whether to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL and opt to have the matter resolved by a judge.
Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION. CLAIMS FROM MULTIPLE CUSTOMERS OR USERS CANNOT BE ARBITRATED OR LITIGATED TOGETHER OR CONSOLIDATED. If this waiver of class or consolidated actions is found to be invalid or unenforceable, neither you nor the Company will be entitled to arbitration, and instead, all claims and disputes will be resolved in a court, as outlined in Section 13(12) below.
Confidentiality.
The arbitration procedures will be entirely private, with no part of the proceedings open to the public or the media. All evidence discovered or submitted during the hearing will be treated as confidential and cannot be disclosed, except by written agreement between the parties, by court order, or if required by law. However, nothing in this provision prevents either party from submitting information to a court of law if it is necessary to enforce this arbitration agreement, enforce an arbitration award, or seek injunctive or equitable relief.
Right to Waive.
Any rights or limitations outlined in this arbitration agreement may be waived by the party against whom the claim is made. However, such a waiver will not waive or impact any other part of this arbitration agreement.
Opt-out.
You have the option to opt out of this arbitration agreement. If you choose to do so, neither you nor the Company can compel the other to arbitrate disputes. To opt out, you must notify the Company in writing within thirty (30) days of first becoming subject to this arbitration agreement. Your notice must include your name and address, your Company username, the email address associated with your Company account (if applicable), and a clear statement that you wish to opt out of this arbitration agreement. You must send your opt-out notice to the Company's address as listed on the Services.
Small Claims Court.
Despite the arbitration agreement, either you or the Company may bring an individual action in small claims court.
Arbitration Agreement Survival.
This arbitration agreement will remain in effect even after your relationship with the Company has ended.
Venue for Excluded Disputes.
Excluded Disputes will be governed by and interpreted under the laws of Israel, without regard to its conflict of law principles. The parties consent to the exclusive jurisdiction of the courts in Tel Aviv-Jaffa for Excluded Disputes and agree to submit to the jurisdiction of these courts.
U.N. Convention.
The United Nations Convention on Contracts for the International Sale of Goods and any other international laws will not apply, whether the claim is handled through arbitration or in court.
GENERAL
- If any provision of these Terms is found to be unenforceable, that provision will be modified only to the extent necessary to make it enforceable. If it remains invalid or unenforceable, it will be considered severable from the rest of these Terms and will not affect the validity or enforceability of the remaining provisions.
- You acknowledge and agree that the Company has the right, at any time and for any reason, to redesign or modify the Company IPR and other aspects of the Services, or any part of them. This document constitutes the entire agreement between you and the Company regarding the subject matter discussed herein.
- The Company may assign these Terms, in whole or in part, at its sole discretion. You are not permitted to assign or transfer these Terms, or any of your rights or obligations under them, to any third party without the prior written consent of the Company. Any unauthorized assignment will be considered void and without effect.
- Unless expressly stated otherwise, no provisions of these Terms are intended to grant any rights, remedies, or benefits to any person or entity other than you and the Company. However, the Company's affiliates, licensors, and service providers are considered third-party beneficiaries of the limitation of liability, disclaimer, and indemnification provisions included in these Terms.
- The failure of either party to enforce any rights granted under these Terms or to take action against the other party in the event of a breach will not be considered a waiver of that party's right to enforce such rights or take action in the event of future breaches.
- All waivers must be made in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be considered a waiver of any other provision or of that provision on another occasion.
- Any cause of action arising from or related to the Services must be initiated within one (1) year after the cause of action accrues. Otherwise, the cause of action will be permanently barred.
"Disclaimer: We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites."
If you have any further questions or need additional clarification, please contact us via email using the contact details provided on the Services.
Last Updated: September 09, 2024.
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