PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DON'T AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES. This Service Agreement (the "Agreement") is between You ("You") and the company operating the Matayu service ("Us"). You and We agree as follows: You acknowledge that
the Services are currently in beta phase and may be modified at any time. Any
comments, suggestions or feedback You provide regarding the Services may be
used in any manner, without liability or obligation to You. THE SERVICES AND SOFTWARE ARE PROVIDED TO YOU "AS IS." THERE IS NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES AND WE SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT, TO THE MAXIMUM EXTENT POSSIBLE BY LAW. THERE IS NO WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE SERVICES OR SOFTWARE, OR THAT THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR DATA USE INCURRED IN ANY WAY OR IN CONNECTION WITH THE SERVICES, THE SOFTWARE, OR THIS AGREEMENT BY YOU OR ANY THIRD PERSON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR ENTIRE REMEDY, AND OUR TOTAL LIABILITY, FOR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF US$10.00 (TEN USD) OR THE TOTAL AMOUNT OF FEES YOU PAID FOR THE SERVICES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. You must provide true, accurate and complete information to Us. You are responsible for all activities that occur under Your name and You agree to notify Us immediately of any unauthorized use. We are not responsible for any loss or damages that You may incur as a result of any unauthorized use of Your name. At all times, You must use the Services in accordance with all laws and regulations, including any Internet regulations or policies and applicable export laws. You may not sell or re-sell the Services to others or authorize the use of the Services or Your account by any third party. The Services may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, security, privacy policies, or practices of any third party websites. You expressly relieve Us from any and all liability arising from Your use of any third-party website. You agree to indemnify, defend and hold harmless Us, our affiliates, officers, directors, employees, consultants, and agents from any and all claims, liability, damages and costs (including without limitation attorneys fees and legal costs) arising out of or related to Your use of the Services. This defense and indemnification obligation will survive these Terms of Service and Your use of the Services. You may not assign or in any way transfer Your rights or obligations under this Agreement without Our prior written consent. Failure by Us to enforce any provision of this Agreement shall not be construed as a wavier of any provisions or right. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. You agree to comply with all local rules regarding online conduct and acceptable content. This Agreement set forth the entire Agreement and understanding of the parties with respect to the subject matter hereof and supersede all prior discussions and agreements between the parties with respect to the subject matter of this Agreement. If any provision of this Agreement is unenforceable it shall be modified to the extent needed to make it enforceable, if possible and if consistent with the intent of the parties, and in any event, all other provisions of this Agreement remain in full force and effect. THIS AGREEMENT IS SUBJECT TO UPDATE AT ANY TIME WITH OR WITHOUT NOTICE. YOU CAN REVIEW THE MOST CURRENT VERSION OF IT ONLINE AT ANY TIME. YOUR CONTINUED USE OF THE SERVICES INDICATES THAT YOU ACCEPT THE MODIFICATION. IF YOU ARE DISSATISFIED WITH ANY MODIFICATION MADE TO THIS AGREEMENT OR WITH ANY POLICIES OR PRACTICES USED IN PROVIDING THE SERVICES, YOUR ONLY RECOURSE IS TO TERMINATE YOUR MEMBERSHIP. |
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