TERMS OF SERVICE

Your Acceptance

By using or visiting the Pretty Boa Ltd. website or any of our products, software, mobile applications and services offered by us (together, the “Services”), you signify your agreement to these terms and conditions. If you do not agree to any of these terms please do not use the Services.

The Servicesare provided by us on an “AS IS” and “AS AVAILABLE” basis and we reserve the right to modify, suspend or discontinue the Services or any part of them, in our sole discretion, at any time and without notice. You agree to be bound by such modifications. We will not be liable to you for any modification, suspension or discontinuance of the Services.

Service

These Terms of Service apply to all users of the Services, including users who are also contributors of Content on the Services. “Content” may include the text, software, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.

The Services may contain links to third party websites (including advertisers) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.

Mobile Accounts

In order to access some features of the Services, you will have to create a Mobile account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or of others due to such unauthorized use.

Premium Accounts

Premium Member accounts are based on periodic subscription fees which is available for all users. You can refer to our premium package plans for more details on premium accounts subscriptions.

The subscriptions fees will be billed according to the respective payment method chosen by the user.

You agree to pay for all charges and fees incurred in connection with your username and password for any subscription Services. All fees and charges are non-refundable. If you would like to cancel your subscription, switch to another premium service package or if you believe someone has accessed your account without your authorization, please contact us or change the in-app settings.

A premium account is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Services using your username and password.

You are responsible for the Content you publish and distribute to us. You warrant that you own or have necessary licenses, rights, consents and permissions to publish the Content.

You understand that your subscription or access to the Services will be suspended if you violate these Terms of Service. Suspended accounts will not be restored and fees or charges will not be refunded.

General Use of the Services -Permissions and Restrictions

We hereby grant you permission to access and use the Services, provided that:

  • You agree not to distribute in any medium any part of the Services or the Content without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Services.
  • You agree not to alter or modify any part of the Services.
  • You agree not to access Content through any technology or means other than the Servicesthemselves or other explicitly authorized means we may designate.
  • You agree not to use the Services for any of the following commercial uses unless you obtain our prior written approval:
    • the sale of access to the Services;
    • the sale of advertising, sponsorships, or promotions placed on or within the Services or Content; or
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from us appears on the same page and is of sufficient value to be the basis for such sales.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content.

You agree not to create posts, publish or distribute Content to us of any kind that is, within our sole discretion, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:

  • Infringes upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secrets, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights. Files/contents should not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein;
  • Promotes the infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
  • Contains improper, incorrect and fake contents in any way that contents are with a different preview and incorrect title;
  • Contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
  • Is offensive, abusive, threatening, harassing, stalking, promoting violence, racism, harm, hatred or bigotry against any group or individual;
  • Is libellous, defamatory or promotes information that you know is false or illegal;
  • Violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent;
  • Solicits information from anyone under the age of 18;
  • Is pornographic, sexually explicit or contains nudity;
  • Is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
  • Is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling).

In your use of the Services, you will comply with all applicable laws.

Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  • All brand, product and service names used in this Services which identify us or third parties and their products and services are our proprietary marks and/or the relevant third parties. Nothing herein shall be deemed to confer on any person any license or right with respect to any such image, logo or name.
  • Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by us on the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent or the respective licensors of the Content. We and our licensors reserve all rights not expressly granted in and to the Services and the Content.
  • You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
  • You understand that when using the Services, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

Your Content and Conduct

As an account holder you may submit Content to the Services. You understand that we do not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms of Service.

You retain all of your ownership rights in your Content. However, by submitting Content to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by you in Content you submit to the Services terminate within a commercially reasonable time after you remove or delete your Content from the Services. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted.

We does not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. We reserves the right to remove Content without prior notice.

We have no ability to control the Content you may upload, post or otherwise transmit using the Services and do not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Services.

Account Termination Policy

We will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.

We may at any time, without prior notice and in our sole discretion, remove Content and/or terminate a user’s account for submitting material in violation of these Terms of Service.

Google Analytics Tracking

We may use Google Analytics including to display advertising. You can choose to opt-out of Google Analytics for advertising and customize the Google Display Network ads using the Ads Settings.

We may use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics. This helps us better understand how our Servicesare being used and to help tailor content and advertising on the Services.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS CONTENTS OR THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold us, our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

General

These Terms of Service shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in the district of Tel Aviv-Jaffa, Israel. These Terms of Service and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.