TERMS AND CONDITIONS
(Last modified: May 23, 2019)
These Terms and Conditions (“Terms”) set forth the terms according to which you (“you” or “user”) may use our websites and the content provided therein, developed and operated by Funcatz. (“Website”, “we” or “us”) and it constitutes a legally binding agreement between you and us. We advise you to review these Terms prior to browsing or using our website.
|Acceptance of These Terms: You hereby acknowledge that you have read, understood, and agreed to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the website. THEREFORE, PLEASE DO NOT ACCESS, VIEW, OR USE THE WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS.|
ELIGIBILITY AND AGE LIMITATION
You hereby represent and warrant that you are at least 16 years old, and eligible to enter into these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order, or law to enter into in any agreement;
AMENDMENTS TO THESE TERMS
We reserve the right, at our discretion, to revise or update the Terms at any time. Such amendments shall be effective upon the publication of the amended Terms. The date of the last revision will be reflected in the “Last Modified” heading located above. Your continued use of the website thereafter constitutes your consent to such changes and you agree to be bound by them. We, therefore, ask you to check back and review the Terms periodically in order to ensure that you are aware of the most updated Terms.
Our website provides you with content provided by our team of writers, including articles, news, opinions, videos, and other content in various categories, trendy topics, and themes (“Website Content”). The Website Content is provided solely for entertainment purposes, and in no event shall constitute or shall be deemed to constitute professional or expert advice. If you are considering any action based on the Website Content, you should make your own, independent assessment and consult with an appropriate independent professional for their advice (if applicable).
Except as expressly granted in these Terms, we retain all right, title ownership, and interest in and to the website and Website Content (excluding Third-Party Content), copyrights and trademarks, product names, and trade names, to the fullest extent possible under applicable law. We reserve all rights in and to the website which are not expressly granted herein.
USER GENERATED CONTENT
User Generated Content refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us, including, among others, images, comments, posts, texts, icons, links, opinions and feedback (“UGC”). You hereby acknowledge and agree that you have all the rights, power and authority necessary to submit any UGC. You further agree that you will not upload any UGC that: (i) violates any applicable law; (ii) contains any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism, racism, defamatory language, adult and pornography content, alcohol-related or illegal drug content; (iii) contains any content which is copyrighted, protected by trade secrets or may infringe third party intellectual property or content which may infringe the right to privacy or create a risk to an individual’s safety or health or; (iv) contains any content which is considered to be unfair or deceptive under consumer protection laws, or unauthorized commercial communications including advertising, spam, incentivized or promoting any service or product. Furthermore, by submitting, posting, or displaying UGC through the Services, you grant us a worldwide, non-exclusive, royalty-free, transferable license (with a right to sub-license) to view, use, display, reproduce, distribute, prepare derivative works of and make available to the public any part of the UGC including without limitation for promoting and redistributing part or all of the Website Content (in any media format). Furthermore, you hereby grant each user of the website and the Website Content, a worldwide, non-exclusive, royalty-free license to access your UGC through the website, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the website and under these Terms. We have the sole and absolute right to and discretion to decide whether to publish any UGC and we may, without prior notice, monitor, censor, edit, remove, delete, any and all UGC, at any time and for any or no reason. If we believe, at our sole discretion, that the UGC provided by you violates or may violate any of the aforesaid, we may restrict your access or use of the website. Notwithstanding the above, we have no obligation to monitor the UGC, thus, we have no responsibility and liability with respect to UGC, which you may find inaccurate, offensive, indecent, or objectionable.
The Company operates a clear copyright policy in relation to any Website Content which is alleged to infringe the copyright of a third party (“Copyright Policy”). Our copyright policy incorporates the Digital Millennium Copyright Act of 1998 (“DMCA“). We will respond within a reasonable amount of time to claims of copyright infringement committed using the website that are reported.
Submit a DMCA Notice
If you are a copyright owner or are authorized to act on behalf of one, and you believe in good faith that any Website Content or any part thereof has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or that of a third party which you are authorized to act on its behalf, please report the alleged copyright infringement taking place on or through the website by submitting a DMCA notice of alleged infringement (“DMCA Notice“) and delivering it to the Agent, as detailed below.
You can submit a DMCA Notice by:
- Filling in and submitting our online DMCA Notice form available here or;
- Providing the following information to our Agent:
- Identify the copyrighted work or material that you claim has been infringed, and provide our Agent with enough information to enable us to be able to easily locate the material and verify its existence, including at a minimum, its location, and if applicable please also provide us with the URL of the link(s) shown on the website where such material may be found and screenshots of such material. If multiple copyrighted works are covered by this DMCA Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- information – name, mailing address, telephone number, and email address.
- Include both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Include a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- Deliver this DMCA Notice, with all items completed, to Company’s Agent: email@example.com
Be sure to consider whether fair use, fair dealing, or a similar exception to copyright laws applies before you submit the DMCA Notice. Please remember by submitting a DMCA Notice you will be initiating a legal process, hence, it is important that you not make any false claims.
Upon receipt of a valid DMCA Notice, our policy is to remove or disable access to any content that we believe in good faith is infringing or violating the copyrights or other intellectual property rights of any third party and to notify the alleged infringer that we have removed or disabled access to such content.
Please note that when you provide us with a DMCA Notice, we are relying on the information that you have provided us with. Any person who knowingly misrepresents that the material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees, incurred to the alleged infringer, to any copyright owner, copyright owner’s authorized licensee or to the Company, who is damaged by such misrepresentation. Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Before submitting a DMCA Notice, be sure that you are the actual rights’ holder of the content or that you are legally able to represent such rights’ holder and understand the repercussions of submitting a false claim.
RESTRICTIONS OF USE
The website and Website Content is provided solely for your personal, non-commercial use and you hereby agree that you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the website or attempt to derive the source code or gain unauthorized access to the website or its related systems or networks, nor remove, circumvent, disable, damage or otherwise interfere with security-related features or operations of the website, including, without limitation, transmitting destructive items or harmful codes; (b) reproduce the Website Content, prepare derivative works, distribute, perform publicly or display publicly the Website Content without our written permission, except as permitted by applicable law.; (c) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit the website or any portion thereof; (d) use the website or the Website Content in any fraudulent or unlawful manner; (e) use the website or Service in any way that violates any provision of these Terms; (f) assert any proprietary rights in or to the Website Content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; or (g) use Company’s name, logo or trademarks without Company’s prior written consent. We will investigate any breach or alleged breach of these Terms and report to law enforcement authorities when necessary. Furthermore, we are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our website for any reason or for no reason, at our sole discretion.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE WEBSITE OR WEBSITE CONTENT, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR THE WEBSITE CONTENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the website. The user is solely responsible for his or her actions when using the website.
In the event of any dispute, you agree to first contact us at firstname.lastname@example.org. We will make a reasonable effort to resolve the dispute informally and in good faith. If we were not able to resolve the dispute amongst ourselves, we each agree by these enforceable Terms to resolve any claim arising out of or in connection with or relating to these Terms, by binding and exclusive arbitration by the American Arbitration Association (“AAA”). Additionally, we each hereby agree to bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims together. We are each waiving the right to a trial by jury or to participate in a class action. If you wish to opt out of this arbitration agreement, you must provide us with a written clear notification stating you do not agree to this provision, which shall include your name and address.
These Terms are governed by and construed in accordance with the laws of the State of Israel, without giving effect to the conflicts of law provisions thereof and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Tel Aviv in respect of any matter arising out of or in connection with these Terms
This dispute resolution provision will survive the termination of these Terms.
These terms, constitute the entire understanding between the parties with respect to the use of the website or any portion thereof. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. The Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. The Company’s 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.
If you have any questions about these terms, or wish to report violators of these Terms, you may contact us via email at: email@example.com.