Last revised July, 2013.
Dear Simple As Me user,
1. ELIGIBILTYAND LEGALITY
By using the Website you hereby represent and warrant that you have the authority to enter into the Agreement and that you shall comply with all the terms of the Agreement stated hereunder. Please take notice, that in order for you to upload a Video, you must be of at least eighteen (18) years old of age.
2. THE WEBSITES FEATURES
Our Website offers our users to view and upload videos. Stories can be accessed by the users freely, in various topics, enabling them to explore their interests and learn about other people’s lives through their videos.
3. YOUR STORY
You may upload your video that tells your personal story (provided that you are of at least eighteen (18) years as stated above) (the “Video”). The Video should be at a maximum length of seven (7) minutes .When submitting a Video to the Website, you will be required to provide information, which will include, among others, your name and surname, country, age, gender, e-mail address, user name, password (“Personal Information”), labels of your interests and any other information you wish to provide. Some of the information may be provided by you through your authorization that we may use your Facebook or Google+ or LinkedIn account to obtain information.
4. ACCOUNT SECURITY
As mentioned in section 3 above, upon submission of a Video, you will be required to provide Personal Information, such as your e-mail, user name and password – you shall be responsible for keeping and maintaining the confidentiality of the information provided by you at all times. Your e-mail address is required for purposes of identification and confirmation (other users of the Website will not have access to your e-mail address). If any unauthorized use of your Personal Information occurs or any other breach of security, you hereby agree to notify us immediately.
5. INTELLECTUAL PROPERTY RIGHTS
We own all Intellectual Property Rights in the Website and its services (the “Website IP“). Website IP shall remain at all times our sole and exclusive property. You shall not have any right in any Website IP, other than the permission to use the services offered to you in the Website in accordance with the Agreement. Unless given written and express permission by us, you may not make any use of Website IP, including but not limited to, copying, modifying, publishing or selling any information which is of Website IP.
This section shall survive the termination or expiry of the Agreement, as well as your use of the Website.
“Intellectual Property Rights” shall mean, without limitation, all intellectual property rights, whether or not patentable, including without limitation, rights in algorithms, binary code, brands, business methods, business plans, computer programs, computer software, concepts, confidential information, databases, developments, firmware, composition of matter or materials, certification marks, collective marks, copyright, customer lists, data, designs (whether registered or unregistered), derivative works, discoveries, documents, domain names, file layouts, formulae, goodwill, ideas, improvements, information, innovations, inventions, know-how, logos, materials, methods, moral rights, object code, original works of authorship, patents, patent applications, patent rights, including but not limited to any and all continuations, divisions, reissues, re-examinations or extensions, plans, processes, proprietary technology, reputation, research data, research results, research records, service marks, software, source code, specifications, statistical models, supplier lists, systems, techniques, technology, trade secrets, trademarks, trade dress, trade names, trade styles, technical information, utility models, and any rights analogous to the foregoing.
You shall retain full ownership of any intellectual property rights that you hold in the Video, subject to the provisions of section 7 below. You shall be fully responsible for the Video you submit and your comments on the Video or videos of others (“Content”). You acknowledge that we do not necessarily examine the Content uploaded by you prior to its display in the Website, but we reserve the right, at any time, to review, edit, delete or refuse to post any Content submitted by you, in whole or in part, in our full discretion.
By submitting the Video and/or other Content to the Website, you automatically grant us and our affiliates a worldwide, irrevocable, royalty-free, perpetual, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform, display, use and/or distribute the Video and/or other Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, whether in the Website or any other website, social network or medium (the “Right and License”).
You hereby permit any other user of the Website to access, view, use or reproduce the Video and/or other Content for that user’s use. You understand and agree that any user of the Website may access, download and share the Video and other Content provided by you with any other person, and we do not have control on the use of users or other persons of such Video or other Content. By uploading the Video and/or other Content, you confirm that you have the necessary rights to grant us and our affiliates the Right and License and you hereby represent and warrant that such use of the Video and/or other Content by us and our affiliates will not infringe or violate the rights of any third party.
The Right and License provided by you with respect to the Video (and not the other Content) shall terminate when you notify us of your decision to remove or delete the Video and the Video is removed from the Website, but you shall be aware that we will not be responsible for the continuous use of the Video by other users of the Website and/or any third party in any way. It is clarified that the Right and License provided by you with respect to the Content (other than a Video) shall not terminate and be irrevocable and perpetual.
8. COPYRIGHT INFRINGMENT
You acknowledge and agree that all content and services available on this Website are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. You hereby agree not to copy, reproduce, distribute, transmit, broadcast, display, or otherwise use content published in the Website for any commercial or other non-personal use without receiving our prior written consent. If any Content of yours has been published in the Website in a way you believe constitutes copyright or any other infringement, please provide us via firstname.lastname@example.org the following: A physical or electronic signature of a person authorized to act on your behalf; Identification of the copyrighted work claimed to have been infringed; A description of where the material that you claim is infringing is located on the Website; a written statement that you have good faith to believe that the use of the material is not authorized by you, your agent or the law; A statement made by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9. SAFE ZONE
9.1. In order for you to enjoy our Website and for us to enable a safe zone for our users, you are obligated to comply with the following and you hereby agree not to:
- upload, store, post or otherwise transfer any: (a) content that is inaccurate, offensive, profane, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist or bigoted, against any group or any individual or in which you impersonate or pretend to be another person, (b) content that contains a story that is not yours, (c) content that you do not have a right to transmit under any applicable law or under any contractual relationship, (d) material that infringes any patent, trademark, trade secret, copyright or other proprietary right or intellectual property right of any person or entity, (e) advertisements, promotional and commercial materials of any kind, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted by us in writing, (f) content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (g) content that depicts subjects under the age of 18 in a sexual manner, (h) content that contains passwords to restricted pages, or (i) content that contains any prostitution or any other illegal sexual behavior or solicits any person to engage in such behavior. If any content provided by you, or any other user, subsequently generates a violation of any of these terms, you shall promptly notify us immediately in writing.
- interfere with or disrupt or break into the Website or try to copy any technology of the Website or its servers, networking and computing equipment or networks connecting to the Website;
- violate any applicable local, state, national or international law or regulation or promote or provide instructions or information about how to engage in illegal conduct.
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
9.2. Your use of the services we offer, including but not limited to the Video and other Content you upload, must be in accordance with any and all applicable laws and regulations.
9.3. Advertising or solicitation of other users of any kind is prohibited.
9.4. If any breach of any of the provisions of this section 9 occurs, you hereby agree to notify us immediately in writing.
WE RESERVE THE RIGHT AT ANY TIME AND IN OUR SOLE DISCRETION TO BLOCK YOUR IP ADDRESS FROM ACCESSING THE WEBSITE, AND YOU SHALL NOT BE ENTITLED TO ANY REFUND OF PAYMENTS YOU MADE DUE TO YOUR USE OF THE WEBSITE, IF ANY, AND WE SHALL NOT BE OBLIGATED TO DISCLOSE THE REASON FOR ENDING YOUR USE OF THE WEBSITE AND ITS SERVICES.
We reserve the right to terminate, change, modify, suspend or discontinue all or any or part of the services offered to you in the Website, and we may do so with or without notice. We shall not be liable to you or any third party for doing so.
11. USER’S CONTENT AND COMMUNICATIONS WITH OTHER MEMBERS
YOU ARE AND SHALL BE FULLY RESPONSIBLE FOR THE VIDEO AND OTHE CONTENT YOU UPLOAD AND YOUR COMMUNICATIONS WITH OTHER USERS, SUCH AS COMMENTING ON CONTENT SUBMITTED BY YOU OR CONTENT SUBMITTED BY OTHER USERS. WE DO NOT AND CANNOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ALL OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS (ALTHOUGH WE RESERVE THE RIGHT TO DO SO AT ANY TIME). WE RESERVE THE RIGHT TO MONITOR YOUR COMMUNICATIONS WITH OTHER USERS, BUT WE HAVE NO OBLIGATION TO DO SO. IN NO EVENT SHALL WE BE LIABLE AND RESPONSIBLE FOR ANY LOSS, LIABILITY, DAMAGE, COST OR EXPENSE OF ANY KIND (INCLUDING BODILY INJURIES OR PROPERTY DAMAGE), INCURRED BY, OR CAUSED BY YOUR CONTENT AND/OR COMMUNICATIONS WITH OTHER USERS, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR INCIDENTAL.
THE VIDEO AND OTHER CONTENT UPLOADED BY OTHER USERS MAY INCLUDE INFORMATION THAT SHOULD NOT NECESSARILY BE RELIED UPON. AS MENTIONED ABOVE, EACH USER IS SOLELY RESPONSIBLE FOR THE VIDEO AND OTHER CONTENT UPLOADED BY HIM OR HER AND THEREFORE WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION. WE OR OUR AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF ANY CONTENT UPLOADED BY A MEMBER OF THE WEBSITE.
12. INTERACTIONS WITH SERVICE PROVIDERS
We shall not be responsible for your interactions with service providers on the Website or users that you got acquainted with through the Website. If you choose to correspond or enter into a business deal with a service provider or interact with another user, you are doing so at your free will and the interactions between you and such service provider or other user are solely between the both of you.
IN NO EVENT SHALL WE BE LIABLE AND RESPONSIBLE FOR ANY LOSS, LIABILITY, DAMAGE, COST OR EXPENSE OF ANY KIND (INCLUDING BODILY INJURIES OR PROPERTY DAMAGE), INCURRED BY, OR CAUSED BY YOUR INTERACTION WITH A SERVICE PROVIDER OR ANOTHER USER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR INCIDENTAL.
Our Website may include links to other third party websites or resources. The location of the links in the Website are provided for your convenience and do not signify our endorsement to the content of such website or to its location and availability. You are aware that other third party websites aren’t under our control and that we are not aware of the content available in them. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of the link or reliance upon any content available in the designated website reached by such link.
15. DISCLAIMERS AND LIMITATIONS ON LIABILTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WE DISCLAIM ANY WARRANTY (INCLUDING WARRANTY OF FITNESS) TO ANY PARTICULAR USE OR PURPOSE. ALL MATERIALS, INFORMATION, CONTENT, SOFTWARE AND SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, WHICH ARE HEREBY DISCLAIMED BY US AND/OR OUR AFFILIATES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL FUNCTION AT ALL TIMES AND THAT ERRORS WON’T OR CANNOT OCCUR (OR THAT THEY WILL BE FIXED), AND THAT THE SERVERS OF THE WEBSITE ARE FREE OF ANY HARMFUL COMPONENTS. WE AND/OR OURAFFILIATES DO NOT GUARANTEE THE ACCURACY OF ANY CONTENT, INFORMATION OR ANY MATERIAL AVAILABLE THROUGH THE WEBSITE, AND ANY SUCH USE OF THE ABOVE MENTIONED CONTENT, INFORMATION OR ANY MATERIAL SHALL BE ON YOUR OWN RISK AND WE SHALL NOT BEAR RESPONSIBILITY FOR THE OUTCOME OF SUCH USE. AS MENTIONED ABOVE, WE ARE NOT RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS ON THE WEBSITE AND/OR THE RESULTS OF SUCH INTERACTIONS, WHICH ARE AT YOUR OWN RISK. IN ANY CIRCUMSTANCES, WE AND/OR OUR AFFILIATES SHALL NOT BE LIABLE AND/OR RESPONSIBLE FOR ANY LOSS, LIABILITY, DAMAGE, COST OR EXPENSE OF ANY KIND (INCLUDING BODILY INJURIES OR PROPERTY DAMAGE) CAUSED TO YOU OR ANOTHER USER INCURRED BY OR RESULTING FROM THE USE OF THE WEBSITE OR ITS SERVICES, OR ANY TRANSACTION OR COMMUNICATIONS MADE THROUGH THE WEBSITE OR ANY BREACH OF THE AGREEMENT CAUSED BY YOU OR ANOTHER USER OF THE WEBSITE OR CHANGES IN THE AGREEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ITS SERVICES, OR ANY TRANSACTION MADE THROUGH THE WEBSITE OR ANY BREACH OF THE AGREEMENT CAUSED BY YOU OR ANOTHER USER OF THE WEBSITE OR CHANGES IN THE AGREEMENT.
IN THE EVENT THAT SUCH LIMITATION OF LIABILITY IS NOT ENFORCABLE IN YOUR JURISDICTION OR FOR ANY OTHER REASON WE WILL BE FOUND LIABLE TOWARD YOU, OUR LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, WILL AT ALL TIMES BE LIMITED TO THE FULL AMOUNT YOU PAID TO US FOR THE SERVICES PROVIDED TO YOU IN THE IMMEADETE PERVIUOS TWELVE (12) MONTHS PERIOD (IF ANY).
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THE AGREEMENT.
You agree to defend, indemnify, and hold us and our affiliates, officers, agents, directors, managers, partners, employees, successors and assigns, harmless from and against any damages, losses, charges, liabilities, claims, demands, actions, suits, proceedings, payments, judgments, settlements, assessments, and costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs) incurred by any third party as a result of your use of the Website in violation or breach of the Agreement and/or any breach of your representations and warranties set forth above and/or any infringement by you or on your behalf of intellectual property rights of any person.
This section shall survive the termination or expiry of the Agreement.
The Agreement applies to all users of the Website and users who submit Video or other Content. If the Agreement between us terminates for any reason, provisions that expressly survive termination thereof or because of the nature of the such provision they survive such termination, then such provision shall survive termination of the Agreement.
18. ENTIRE AGREEMENT AND MODIFICATIONS
The Agreement embodies the entire agreement between us regarding the use of the Website and its services and supersedes any and all prior communications between us.
You acknowledge and agree that we may modify the terms of the Agreement at any time, and coincidently we shall (a) update the “Last revised” heading and post a notice on the Website for a period of thirty (30) days in order to inform you of such modification of the terms of the Agreement, or (b) inform you of such modification of the terms of the Agreement by e-mail if such e-mail address is provided to us or by notification provided to you through the Website. The continuance of your use of our Website and its services shall constitute your acceptance to the revised terms of the Agreement.
19. APPLICABLE LAW
The Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to the conflict of law provisions thereof.
20. GOVERNING LAW AND JURISDICTION
Any dispute between the Parties with respect to the Agreement and/or the enforcement of their respective rights and obligations shall be submitted to the exclusive jurisdiction of the courts sitting in Tel Aviv, Israel..
This section shall survive the termination or expiry of the Agreement.
Except where expressly provided a designated address in the Agreement, any notice or other communication including, but not limited to, any notice, request, complaint, demand or statement concerning the Agreement and your use of the Website and its services must be in writing and in English addressed to us to email@example.com. Notice to you shall be addressed by us to your e-mail address or other address as provided by you to us or by contacting you through the Website.
22. FORCE MAJEURE
We shall not be liable to you for any failure, suspension or termination of access to the Website or any content on the Website, occurring or arising out of a Force Majeure Event. A Force Majeure Event shall include, without limitation, acts of god, war (whether declared or undeclared), terror events, strikes, riots, fires, accidents, floods, civil disturbance, natural disasters, failure of infrastructure or industrial action affecting us directly or indirectly. We will use all reasonable means to prevent or minimize any interruption to the Website and its services caused by a Force Majeure Event.
In any case one or more of the provisions contained in the Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
Any provision identified as surviving or that shall survive by its nature, shall survive the expiration or termination of the Agreement. This section shall survive the termination or expiry of the Agreement.