Last Revised: December 13, 2012
Tok Media International Ltd. (“Company” or “we”) welcomes you to its website at the address http://apps.facebook.com/tokmedia/ (the “Site”) and its Platform (as defined below). The Platform contains news articles and information aggregated on its service which enables you to view, link to and/or participate in discussions regarding news articles available on and through third-party social publishers platforms (e.g. Facebook) (the “Publishers”) and/or websites (e.g., New York Times, Huffington Post, and other such news and article-based websites etc.) (the “Partners”) and participate in certain polls and surveys, as made available from time to time (the “Service” and “Polls”, respectively) and software products, including Company's proprietary software enabling you to review and socially interact regarding news articles on and/or through the Site, as detailed below (the “Software”). The Site, Software and the Service shall be collectively and severally referred to hereinafter as the “Platform”. The users of the Platform (“User” or “you”) are invited to use the Platform in accordance with these terms and conditions.
Acceptance of the Terms
By accessing and using the Platform and/or any part thereof in any
way, including without limitation using the Software and/or using the
Service, you acknowledge that you have read and understood the
(collectively, the "Terms") and you agree to be
bound by them and to comply with all applicable laws and regulations
regarding your conduct on the Site and the use of the Platform. IF
YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE PLATFORM AND DO NOT
ACCESS OR USE THE SITE.
Description of the Service
The Platform enables you to view, link to and/or participate in discussions regarding news articles and information aggregated from Publishers (“Articles”). The Service is provided to registered Users only (See Section 4, below). Company shall make the Platform available from time to time and in its sole discretion. It is clarified that the Articles shall be available on and via the Platform in as much as such Articles are available and/or uninterrupted on the respective Publishers from which such Articles were linked and/or aggregated and assuming the availability of the Platform. Company explicitly states, and you hereby acknowledge, that no representation or guaranty is given with regards to the availability of the Platform and/or any Articles.
In order to fully use the Platform, you must obtain an account (the "Account"), complete the registration and Account setup processes (collectively, the "Registration"), and become a member of the Platform. Registration to and use of the Platform is entirely free of charge. In order to become a User on the Platform all you need is an active Facebook account. On your first connection with the Platform you will see a "Request for Permission" to which you will have to consent, whereby explicitly accepting the Terms, by clicking the "Allow" button.
There are certain conducts which are strictly prohibited. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your Account and may expose you to civil and/or criminal liability under any applicable jurisdiction.
You may not, whether by yourself or anyone on your behalf:
Use the Site and/or the Platform in any way to distribute or link to spam or unsolicited mail or similar conduct.
Use the Platform if you reside in a jurisdiction where your use of the Platform may be illegal or otherwise prohibited. You hereby represent and warrant to the Company that you (or your competent legal custodian, as applicable) shall be fully responsible and liable to determine whether your use of the Platform is lawful and your compliance with all applicable laws and terms.
Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Site and/or the Platform in any way;
Create a browser, frame, border environment or GUI around the Site, the Services and/or the Platform;
Interfere with or disrupt the operation of the Site and/or the Platform or the servers or networks that host the Site and/or the Platform, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
you will not post or upload any content which is harmful or calls for harmful actions to you and/or others or which are dangerous to your and/or anyone else’s health, well-being or life, whether certain, potential or unexpected;
Do not stalk, threaten, harass, invade the privacy, or the reveal other Users’ personal information; We also condemn any hateful expression such as attacking, demonizing or demeaning anyone for any reason, including without limitation whether based on age, racial or ethnic origin, religion, disability, gender and/or sexual orientation.
Interfere with or violate Users' rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device, process or method to access the Site and/or retrieve index and/or data-mine information;
Impersonate any person or entity or provide false information;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Company endorses you, your website, your business or any statement you make, or present false information about the Company, the Site and/or the Platform;
Copy, share, post, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Article and/or any information and content related thereto to another recipient or otherwise use such content for any purpose, other than for your personal, non-commercial home use.
Transmit, distribute, display or otherwise make available through or in connection with the Site and/or the Platform any content, including User Generated Content, which may infringe third party rights, including Intellectual Property Rights, publicity, privacy and/or copy rights, or which may contain any unlawful content.
Use the Site and/or the Platform for any illegal, unlawful or unauthorized purposes;
Take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our Platform infrastructure;
Bypass any measures we may use to prevent or restrict access to the Platform and/or any part thereof;
Do not post adult, illegal, rude, abusive, improper, copyright protected, spam or violent content;
Do not use the Platform or Site for any commercial purposes not expressly allowed by us in a written form;
Do not encourage illegal or irresponsible consumptions of prohibited materials such as alcohol, pornography, tobacco, drugs and the like.
Intellectual Property Rights
The Site, the Services, the Platform and all Intellectual Property right pertaining thereto (other than User Generated Content and Articles), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property Rights"), are fully owned or licensed to the Company and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. Notwithstanding the above, certain third party content is made available or displayed on or through the Platform. The Software, Services and/or the Site may be owned by third parties. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property Rights pertaining to the Site, the Services or the Platform.
The Articles, all text, information, images, audio, video and other materials provided therein remain, at all time, the valuable intellectual property of their respective Publishers and are made available on or thorough the Platform solely for your own personal, non-commercial, lawful use. You hereby undertake to comply with all relevant Intellectual Property Rights notices, information and restrictions contained in or provided with respect to any such Articles and/or content provided thereunder. Nothing contain on or through the site shall be construed to grant you in any way, including without limitation by implication or estoppel, any license, title and/or other Intellectual Property Right to use any of the content presented on or through the Platform, including without limitation Publisher’s Articles, logos, marks, copyrighted materials and any and all information and content related thereto.
User Generated Content
The Platform allows you to link to, post, publish and make available through it, your own copyrightable materials such as text contributions and other proprietary materials (the "User Generated Content"). As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way. You represent and warrant that you have (and will continue to have) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Platform to use your User Generated Content and/or Articles (as such rights are granted under the terms applicable thereto – see Section 10). You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Company to use or possess in connection with the Site, the Services and/or the Platform. Company explicitly reserves the right to remove the User Generated Content without a prior notice, at its sole discretion.
When you upload, post, publish or make available User Generated Content on the Site or use such User Generated Content via the Platform, you (i) grant the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display, make available to the public by use of databases, such as user suggestions databases, and perform that User Generated Content in connection with the Platform and/or the Services, whether through the Site, Partner websites or Publisher websites, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) irrevocably waive your moral rights with respect to your User Generated Content, in connection with our use of such User Generated Content as described hereunder.
USER REPRESENTATIONS AND UNDERTAKINGS
As a condition for your use of the Site, you hereby represent and warrant that:
You possess the legal authority and capacity to enter into these Terms and to form a binding agreement under any applicable law, to use the Site, the Services and the Platform in accordance with these Terms, and to fully perform your obligations hereunder;
The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and
You are solely responsible for your interactions with other Users on the Platform and/or any other parties with whom you interact through the Platform and/or any Article and/or any Playlist you post on or through the Platform. Company reserves the right, but has no obligation, to become involved in any way it deems fit, under its sole discretion, in case of disputes.
You shall not infringe or violate any of the Terms.
You will safeguard your Account information and will supervise and be completely responsible for any use of your Account.
You acknowledge and agree that:
Company may remove any User Generated Content, Article and/or discontinue your use of the Site, the Services and/or the Platform with or without any reason, and under Company’s sole discretion;
Company may remove any and all Articles with or without any reason, at its sole discretion;
Company may integrate commercials and advertisements, whether within or beside the Site, the Services, Articles or the Platform. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that you will not be entitled to any compensation of any kind whatsoever with respect to such monetary amounts.
Trademarks and Trade names
"http://apps.facebook.com/tokmedia/ ", "Tok Media", "TOK", Company's logo(s) and all other proprietary identifiers used by the Company in connection with the Site, Service and Platform (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or through the Site, Services and/or Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
Links to Third Party Websites
Disclaimer and Warranties
THE SITE, SERVICES, SOFTWARE AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY CONTENT, ARTICLE, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE SITE AND/OR THE SOFTWARE AND/OR THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM AT ANY TIME OR TO DISCONTINUE DISPLAYING WEBPAGES AND ANY CONTENT WITHOUT A NOTICE TO YOU. COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE AND/OR THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE AND/OR THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM, ANY ARTICLE AND/OR THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED ON OR THROUGH THE SITE, THE SERVICES AND/OR PLATFORM. COMPANY DOES NOT ENDORSE ANY AUTHOR, COMMENTS, COMMENTATORS, WEBSITE, OR PRODUCT MENTIONED IN ANY USER GENERATED CONTENT.
Limitation of Liability
YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY OPERATES THE PLATFORM AS A MERE VENUE. THE USE OF THE SITE AND THE PLATFORM IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS AND/OR DEFAMATORY RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE PLATFORM, OR THE USE OR INABILITY TO USE THE SITE AND/OR THE PLATFORM, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF TWENTY US DOLLARS ($20). COMPANY HEREBY FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE USE BY ANY THIRD-PARTY OF ANY OF THE INFORMATION, WHETHER PERSONAL OR OTHER, YOU HAVE MADE PUBLICALLY AVAILABLE ON OR THROUGH THE PLATFORM.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site, the Services and/or Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
The Company respects the intellectual property rights of others. However, the Service includes many Articles and information automatically aggregated from the Internet. Company cannot and does not monitor or review every item made available on or through the Platform and/or any source thereof, including any and all Articles, User Generated Content and content, information and Intellectual Property Rights related thereto.
If you, as either user, writer, commenter and/or Publisher, believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Company's Copyright Agent can be reached through the following address:
Tok Media International Ltd.
[Full Address: 28 Hebron Road, Jerusalem, 93542, Israel]
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
Any claim relating to the Site and/or the Platform or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
Any dispute arising out of or related to your use of the Site and/or the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
For information or questions please contact:
Tok Media International Ltd.
[Full Address: 28 Hebron Road, Jerusalem, 93542, Israel]