Last revised: October 15, 2015
This End User License Agreement is entered into effect by and between Eyeducation A.Y ltd (the “Company“, “we“, “us” or “our“), which is the owner and developer of a proprietary technology that operates a crowd-sourced database for artworks through the Company’s website, which is available at: www.artbit.com, mobile apps, software applications, servers or any other online properties (“the Service“), and you (“you“, “user” or “users“).
Grant of license
We are entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any notice to you for the purpose of repairing, improving, or upgrading the Service or for any of the reasons for termination as mentioned below.
You may not access or use the Service if you are under thirteen (13) years of age or if you are legally unable (under the applicable laws and regulations) to enter into this Agreement. By accessing or using the Service you represent that you have reached the age of 13 years, or that you have the consent of your parent/guardian to use the Service.
The Company will allow you to submit and upload information (e.g. pictures, comments) into the Service directly, either as your account information (e.g. Facebook account public profile, email address, etc.), or for the purpose of communicating with our user community (“User Submissions“).
Your User Submissions will be public and accessible to other users in our community. You are solely responsible for your User Submissions. You warrant that you own all the rights, licenses, consents, permissions, titles and interests required for you to use your User Submission in the manner contemplated herein.
You hereby grant the Company a worldwide, non-revocable, royalty-free, sub-licensable and transferable license to use your User Submissions in connection with the Services including without limitation for promoting and redistributing our Service or any portion thereof, including without limitation to reproduce, distribute, make derivatives of it and use it in order to promote the Company’s business in any way, and without the need for any further compensation, approval or consent, pursuant to the terms in the Agreement. The foregoing license granted by you terminates once you remove or delete a User Submission.
Some of the features, upgrades or portions of the Service are fee-based (collectively “Fee-Based Features”). All payments made to the Company for use and access to the Fee-Based Features are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due.
Payment for some of our Fee-Based Features may be subject to additional terms and conditions to which you must agree to abide by before making the purchase (e.g. Apple’s App Store or Google Play Store policies).
Limitation on use
You hereby warrant that you have all necessary and sufficient rights to share any information in the User Submissions with the Service and other users of its community
You hereby warrant that you will not:
- Impersonate any person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
- Make any copies of, modify, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Service or any part thereof;
- Remove, circumvent, disable, damage or otherwise interfere with any features of the Service, or attempt to gain unauthorized access to any portion of the Service through any means, or interfere with, corrupt, or disrupt the operation or performance of the Service or the ability of any other person to use the Service, including, without limitation, transmitting Content that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
- Violate other users’ or third parties’ rights to privacy, publicity and other rights, or harvest, scrap, data aggregate, data mine, screen scrap, index or collect data and information about other Users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation Bots, Crawlers, Spiders, bots, Sifters and Load Testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Service, its systems, software or hardware in any way;
- Use the Service in connection with material which a reasonable person could deem to be: stalking, offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity;
- Use the Service in connection with any advertisements, solicitations, chain letters, pyramid schemes, spamming or any other commercial communication;
- Use the Service in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person’s personal information without his or her permission.
The Company retains all rights, titles and ownerships in and of the Service or any part thereof, including without limitation, the design and layout of the Service, all contents of the Service (excluding User Submissions), copyrights, patents, trademarks, service marks and logos, database, registered or not (the “Materials“), except as expressly excluded in this Agreement. You may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company’s prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances are you acquired any right, interest or title to any part of the Materials.
Limitation on warranties
You hereby expressly agree, that to the fullest extent not prohibited by the applicable law, that:
- The Service is provided to you “AS IS”, and that your use of the Service or of any information provided or otherwise disseminated in connection with the Service is at your sole risk.
- The Company makes no warranty or representations, whether express or implied in connection with the Service and your use of the Service or any information provided or otherwise disseminated in connection with the Service (including User Submissions), and shall not be held liable or responsible, with respect to the Service and its quality, fitness for any particular purpose and promises of specific results, lack of accuracy, availability in any location, correctness, performance, merchantability, completeness, continuity, reliability, error or malware free, network-related problems, non-infringement of third party rights and security of the Service, its content or any part thereof. You will be solely responsible for your use of the Service and any damages to your devices, including without limitation loss or exposure of data, and you will be solely responsible for compliance with any applicable laws or regulations.
- The Company does not warrant, endorse, monitor, guarantee for any User Submission or any third party, including without limitation advertisers, other users of the Service and parties who offer services through the Service.
- You hereby acknowledge that we only act as a repository of data; accordingly, the Company does not warrant, guarantee, endorse and will not be liable to any damage or claim for any User Submissions, including without limitation, its accuracy, spam, engagement with commercial activity, or any attempts to defraud or manipulate other users with deceptive means or misrepresentation.
- Where applicable, Apple has no warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be subject to the terms of this Agreement.
You agree to indemnify, defend, and hold the Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation by of this Agreement.
Limitation on liability
You hereby expressly agree, that to the fullest extent not prohibited by the applicable law, that the Company shall not be liable, in any event, for:
- Any direct, indirect, special, incidental, consequential or exemplary damages, under any theory of liability, including but not limited to contract, tort (including negligence), damages for loss of data, profits and goodwill, arising out of the use, misuse or inability to use the Service, or by any form of malware, whether or not the Company was or should have been aware or advised of the possibility of such damages;
- Any information stored, processed or transmitted via the Service, including User Submissions;
- The validity, correctness or accurateness of any content disseminated, provided or otherwise delivered in connection with your use of the Service.
You hereby acknowledge and warrant that your use of any information obtained in connection with your use of the Service is at your sole discretion and risk. Your sole and exclusive remedy with respect to any problems or dissatisfaction with the Service it to uninstall and cease your use of the Service.
You must notify us immediately of any breach of security or unauthorized use of your mobile phone. We will not be liable for your losses caused by any unauthorized use of your account.
Please be advised that despite its great efforts, the Company cannot guarantee that its Service will not be abused; we urge you to be cautious whenever you are asked to provide personal or sensitive information with strangers.
Third Party Services
This Agreement applies only to your use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third party websites or applications (“Third Party Services“), or to the information, advertisements, services, practices or other material contained on, or accessible through Third Party Services, including without limitation third party websites to which hyperlinks are contained in the Service.
Governing law and Arbitration
This Agreement will be governed by and construed in accordance with the laws of the State of Israel without giving effect to any principles of conflicts of law. Any action or proceeding arising out of or relating hereto shall be brought exclusively in Israel. The Parties hereby agree to the exclusive jurisdiction of the court of Tel Aviv-Jaffa.
You may opt out of this Arbitration Agreement. To opt out, you must notify the Company in writing within thirty (30) days of the date that you first become subject to this Agreement. You must email us at email@example.com with the subject line: “Arbitration Opt Out” and include in the body of your e-mail your name and residence address, your email address, telephone number, and a clear statement that you want to opt out of this Arbitration Agreement.
If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding, however, both you and the Company hereby expressly waive trial by jury. If permissible under such court’s rules, you may bring your claim in the Israeli “small claims” court in Tel Aviv. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account in the Service, if the Company is a party to the proceeding.
You hereby agree that any claim may have arising out of or related to your relationship with the Company must be filed within one (1) year after from the arising incident; otherwise, your claim shall be permanently barred.
Notice and Takedown
The Company does not allow using the Service or any of its features for intellectual property infringement. If you encounter what you believe to be a violation of your intellectual property rights in the Service, please notify us via e-mail to: firstname.lastname@example.org.
Such notice (“Takedown Notice“) must include the following: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any Takedown Notice of concerning copyright or other intellectual property infringement must be sent to us at:
Attn: Copyright Agent
Eyeducation A.Y ltd
41 Gershon Shatz, Tel Aviv, Israel
Once adequate Takedown Notice is sent, the Company will either remove the alleged infringement, if feasible, or put you in touch with the person responsible for it.
If you receive notification from the Company stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contend the Takedown Notice within seven days, in which case only will your contact details be given to the Notice’s sender.
If you repeatedly infringe third parties’ intellectual property your access to the Service may be restricted or blocked at the Company’s sole discretion.
Assign rights, severability and waiver
The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company’s prior written consent.
If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company’s rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Apple (additional provisions)
Where the Service was downloaded via Apple marketplace, the user warrants that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Further, the user acknowledge and consent that Apple and Apple’s subsidiaries are third-party beneficiaries of the Agreement, and the Apple has the right, upon your consent to the terms of this Agreement, to enforce the Agreement against the you as a third party beneficiary thereto. The user also warrants that he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that he/she is not listed on any U.S. Government list of prohibited or restricted parties.
The Company reserves the right (but has no obligation), at its sole discretion and without prior notice to:
- Monitor or review any content submitted by you in connection with the Service, reject any content submitted or remove any content from the Service, or refuse your requests in connection with the Service.
You may rectify or remove any personal information related to you from the Service at any time, by contacting us at: email@example.com. You may terminate your account at our Service at any time by uninstalling the Service and ceasing to use the Service.
Amendments to the Agreement
The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the “Last Revised” heading above.