Terms of Service

 

1.      Acceptance

These Terms of Service ("Terms") are a legally binding agreement between you ("User", "you", or any variations thereof) and Yoto Media Group LTD, and/or any affiliate thereof (collectively: "Company", "us", "we", or any variations thereof), and shall cover your browsing and any other use of the www.kueez.com ("Domain"), which provides access to the sites, templates, products, tools, features, software, programs, code, technology, plug-ins, graphics, audiovisual content, components, Services, upgrades, updates and all related applications, available now or in the future (whether or not related to the Services) provided by the Company, and any content and/or URL pages included under the said Domain (collectively: the "Website").

 

From time to time and at its sole discretion, Company may amend, change or replace these Terms, by posting updated versions at the Domain or by notifying you by other means. All such modifications to the Terms shall become effective upon the posting of the revised Terms or by receipt of notification of a change to the Terms. If you do not agree to the new or different Terms, you should not use or access the Services.

 

2.      Website

2.1.      Purpose. Our Website is provided to you for leisure purposes only, and the information, quizzes, puzzles and any other content provided under it should be taken as such (and in order to remove any doubts, should not be based upon in making any decisions, nor reflecting or otherwise implying anything about yourself and/or anyone else).

2.2.       No Warranties. We do not make any warranties and/or representations regarding any information and/or content presented on the Website. Furthermore, we do not review any content presented on the Website (including any materials posted by other users on mediums such as forums, talkback boxes, etc.).

3.      Registration and Account Management

3.1.       In order to access the Website you will be required to set up a user account (the "Account") via third party login services of Facebook Connect© to your Facebook user account (the "FB Login Services"). While setting up the Account, and in each login you make to our Website, we are given access by you to the FB Login Services and allow us to collect information such as your email, contact information, contact name, list of Facebook friends and your organization. The way we collect and use such information is in accordance with the FB Login Services specific terms, and our Privacy Policy.

3.2.       You acknowledge that in making use of the FB Login Services, you are further bound by the applicable provisions provided by Facebook, in addition to these Terms of Service.

4.      Use of Website

4.1.       You acknowledge that any rights granted to you herein, are non-exclusive, such that any use of the content offered to you and/or make available to you via the Website (including ANY USER GENERATED Content, if applicable), is subject to the herein terms.

4.2.      Compliance. Notwithstanding anything to the contrary herein, you agree to abide by all applicable local, state, national and international laws and regulations in regards to your use of the Website and the Services. For the avoidance of doubt, the ability to access our Website or the Services does not necessarily means that your use thereto is legal under relevant laws, regulations and directives.

4.3.       Additional Guidelines. In addition to the foregoing, when creating the Output Content and/or otherwise using the Website, you will strictly adhere with the Website guidelines published by the Company from time to time (the "Website Guidelines"), which are currently as follows:

(a)  Browse, surf, process, scan or use the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);

(b)  Manipulate the URL of the Website, or otherwise gain access to any internal pages to which the Company has not provided you with a direct link (including, without limitation, URL Hacking);

(c)  Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Website;

(d)  Carry out any action which may infringe the copyrights and/or any other proprietary of the Company or any other copyright holder;

(e)  Promote advertisements or disruptive commercial messages;

(f)   Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer the Website and/or any components thereof (including any Company Content, User Content, or other users' content) and/or act to collect, harvest and/or data mine any data associated with the Website and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts (as defined below), etc.;

(g)  Handle and/or otherwise use any content offered or displayed on the Website in any manner or way that violates these Terms of Service;

(h)  Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Website and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;

(i)    Intimidate, threaten, harass or abuse anyone in any manner;

(j)    Steal or attempt to steal passwords or other private information from other users of the Website;

(k)  Distribute, post or make any other use (or otherwise encourage or solicit the consumption or performance of) any illegal, explicit, inappropriate, racist, offending, defaming, disparaging and/or abusing content, or any content which deems to infringe any third party proprietary rights (including the Company's rights);

(l)   Lease, sell, trade or otherwise transfer your Account; and,

(m) Carry out any action which violates any community guidelines, Terms of Service and/or Privacy Policy, as prescribed herein and/or as otherwise published by the Company from time to time.

4.4.      External Links. You understand that our Website may contain certain external links to third party websites (including those of our business clients offering the Output Content) and/or any other promotional materials (the "External Content"). The External Content might be based upon information collected by us from our users, in accordance with our Privacy Policy. Regardless, we have no control over the content of the External Content, the order of its presentation or its accuracy, and we are not a direct party to any transaction resulting from such External Content (if applicable), and therefore assume no responsibility and/or any liability in that respect. In addition, we provide no warranty that the access, browsing and/or consummation of any External Content shall be safe, nor that the owners or controllers of such External Content have undertaken any security or protection measures (for example, we cannot verify, nor do we warrant, that the External Content shall be free of any errors, malware, spyware, phishing, Trojan horses, data mining and/or collection, or the likes thereof). Your use of any External Content shall be at your sole risk. We highly recommend you to verify the origin of any External Content prior to gaining access or otherwise using it.

5.      Content and Ownership

User Content:

5.1.      Ownership of Rights. Any and all intellectual property uploaded by you (to the extent that you are the full legal owner thereof), including to any designs, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you ("User Content"), shall be owned solely by you.

5.2.     User Representations. You warrant and represent that have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

5.3.       Company License. When you provide User Content within the scope of the Services, you grant the Company with a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the purposes of allowing us to provide, improve, promote and the Website, and further enable us to use your User Content and/or any of its derivatives under our content presented on the Website (such as our quizzes, puzzles or other services offered therein).

5.4.       In that respect, you waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your User Content, for the purposes prescribed herein.

Company's Content:

5.5.       Ownership. All rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to the Company ("Company Content"). In the event that the Company Content is licensed to the Company, then such content might be subject to additional restrictions by its owners.

5.6.      Limited License. Subject to your full compliance with the Terms of Service, and the full provision of required subscription fees (as applicable), Company hereby grants you, a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Company's Content embedded in the Output Content, solely for the Purpose, and subject to these Terms of Service.

5.7.       No Other Rights. It is hereby clarified that these Terms of Service do not grant any right or interest in or to the Company's intellectual property (or any part thereof), including without limitations, any Company Content, except only for the limited license expressly granted above. Nothing in these Terms of Service constitutes an assignment or waiver of any the Company intellectual property rights under any law.

6.      Privacy and Data Protection

6.1.       In addition to these Terms of Service, your use of the Website and/or the Services is also subject to our Privacy Policy, which informs you of our policies and procedures regarding the collection, use and disclosure of information we receive when you visit our Website and use any part of our Services.

7.      Limited Warranties

7.1.      THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2.       WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; including without limitations, in connection with any errors, bugs, viruses, Trojan horses and/or any other form of malware, server runtime and/or downtime (including any interruption or cessation of any data received and/or otherwise transmitted within the scope of the use of the Website), server security measures, content uploaded by other users and/or yourself (including any personal, financial and/or any other information) or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, OR IN CONNECTION WITH ANY USERS' (INCLUDING YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS. (II) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY GAMES OR QUIZZES PRESENTED ON THIS WEBSITE OR THE CONTENT, IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE. NOTHING HEREIN SHALL DEROGATE FROM ANY OTHER LIMITATION OF LIABILITY PRESCRIBED UNDER THESE TERMS.

8.      Limitation of Liability

8.1.       TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS WEBSITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS WEBSITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THESE TERMS OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS WEBSITE OR YOUR WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

8.2.       SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE Website (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE WEBSITE (IF PAID) OR $100.

8.3.       WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER'S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE website.

9.      Indemnification

YOU SHALL INDEMNIFY THE COMPANY, ITS DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND/OR ANY AFFILIATES (COLLECTIVELY: THE "INDEMNITEES"), FOR CLAIMS, SUITS, LOSSES AND/OR DAMAGES RESULTING FROM YOUR USE OF, ACCESS TO OR RELIANCE ON THE WEBSITE, THE SERVICES OR THE CONTENT OR FROM ANY 3RD PARTY CLAIMS OR COMPLAINTS ARISING FROM, OR IN CONNECTION WITH, YOUR FAILURE TO ACT IN ACCORDANCE WITH THESE TERMS, UPON THE INDEMNITEES' FIRST DEMAND.

 

10.   Governing Law; Class Action Waiver

10.1.  Subject to any applicable law, all disputes between you and the Company shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

10.2.   These Terms of Service, the Services and/or any other manner pertaining to your use of the Website shall be governed and construed in accordance with the laws of the State of Israel, and the competent courts of Tel-Aviv, Israel, shall have sole and exclusive jurisdiction over any matter arising thereof.  Both parties acknowledge the said forum as an adequate and appropriate forum which shall not cause any undue hardship on any of the parties. 

11.   Assignment

You may not assign any rights and/or obligations you may have under these Terms of Service and/or Privacy Policy without the prior written consent of the Company. The Company may freely assign any of its rights and/or obligations herein, without limitations; provided that, your rights herein shall not be adversely affected.

 

12.   Termination

12.1.   You may terminate your relations with the Company in connection with the use of the Website at any time, by deleting your Account, cancelling your subscription, and (if applicable) by ceasing to browse the Website.

12.2.   The Company may terminate the license and other rights granted to you herein, in accordance with the provisions of these Terms of Service, or by otherwise notifying you by prompting you with an in-Website message / pop-up, or any other mean the Company deems suitable.
 

13.   Contacting Us

If you have cause to believe any content found in the Website (including such content provided by other users) to be in violation of these Terms and/or infringe any 3rd party proprietary rights and/or applicable law, kindly notify us of such content via email to [email protected], stating the violating content and the nature of violation.