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1.1.
Your use of the website www.yoola.com (the “Website”) is subject to the terms of this agreement between You and YOOLA (“Terms”). “YOOLA” means Yoola Labs Ltd. – registration number 514674266, a legal entity established under the laws of Israel, having a legal address: 2 Ha'Karmel St., Yokneam Iilit, Israel (P.O.B 282 Yokneam Illit, Israel 2066720).
1.2.
The Terms and Conditions constitute a legally binding agreement between You and YOOLA regarding Your use of the Website. It is important that You read them carefully. Terms apply to all users.
2.1.
In order to use the Website, You must firstly agree to the Terms. You may not use the Website if You do not accept the Terms.
2.2.
You can accept the Terms by simply using the Service. You understand and agree that YOOLA will treat Your use of the Website as acceptance of the Terms from that point onwards.
2.3.
You may not use the Website and may not accept the Terms if (a) You are not of legal age to form a binding contract with YOOLA, or (b) You are a person who is either barred or otherwise legally prohibited from receiving the access or using the Website under the laws of the country in which You are resident or from which You access or use the Website.
2.4.
You should print off or save a local copy of the Terms for Your records.
3.1.
YOOLA reserves the right to make changes to the Terms from time to time. Therefore You must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at https://yoola.com/terms. If You do not agree to the Modified Terms You must stop using the Website. Your continued use of the Website after the date the Modified Terms are posted will constitute Your acceptance of the Modified Terms.
4.1.
YOOLA hereby grants You permission to access and use the Website, subject to the following express conditions, and You agree that Your failure to adhere to any of these conditions shall constitute a breach of these Terms on Your part:
a.
You agree not to distribute any part of or parts of the Website without YOOLA’s prior written authorization;
b.
You agree not to alter or modify any part of the Website;
c.
You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service;
d.
You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the YOOLA servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
e.
You agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include YOOLA account names);
f.
You agree not to solicit, for commercial purposes, any users of the Website.
4.2.
You acknowledge and agree that as part of its continuing innovation, YOOLA may stop (permanently or temporarily) providing the access to the Website (or any features within the Website) to You or to users generally at YOOLA’s sole discretion, without prior notice to You.
4.3.
You agree that You are solely responsible for (and that YOOLA has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences (including any loss or damage which YOOLA may suffer) of any such breach.
5.1.
Texts, software, scripts, graphic images, photographs, sounds, music, video, audiovisual combinations, interactive features and other materials that You can view, receive or share using the Website (“Intellectual Property”) is either owned by or licensed to YOOLA, and is subject to copyright, trade mark rights, and other intellectual property rights of YOOLA or YOOLA’s licensors. Any third party’s trade or service marks included in the Intellectual Property, which were not uploaded or posted by You, are trade or service marks of their respective owners. Intellectual Property may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of YOOLA or, where applicable, YOOLA’s licensors. YOOLA and its licensors reserve all rights not expressly granted in and to their Intellectual Property.
6.1.
The Website may include hyperlinks to other websites that are not owned or controlled by YOOLA. YOOLA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
6.2.
You acknowledge and agree that YOOLA is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
6.3.
You acknowledge and agree that YOOLA is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
6.4.
YOOLA encourages You to be aware when You leave the Website and to read the terms and conditions and privacy policy of each website that You visit.
7.1.
The Website is provided “as is” and YOOLA makes no warranty or representation to You with respect to it.
7.2.
In particular YOOLA does not warrant to You that:
a.
Your use of the Website will meet Your requirements,
b.
Your use of the Website will be uninterrupted, timely, secure or free from error,
c.
any information obtained by You as a result of Your use of the Website will be accurate or reliable, and
d.
that defects in the operation or functionality of any software provided to You as part of the Website will be corrected.
7.3.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms.
8.1.
YOOLA shall not be liable to You for:
a.
any indirect or consequential losses which may be incurred by You. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by You;
b.
Your use of the Website will be uninterrupted, timely, secure or free from error,
i.
any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Website;
ii.
any changes which YOOLA may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website).
8.2.
The limitations on YOOLA’s liability to You in paragraph 10.1 above shall apply whether or not YOOLA has been advised of or should have been aware of the possibility of any such losses arising.
9.1.
YOOLA takes Your privacy seriously. BY USING THE WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE.
9.2.
By using, accessing or downloading from the Website or using certain features of the Website, You agree to the collection and use of Your Personal Information (as hereunder described), all in accordance with the Terms as set forth herein. In its sole discretion YOOLA reserves the right to amend this Privacy Policy at any time and without notice, and it is Your responsibility to review this Privacy Policy for any changes. Your use of the Website following any amendment of this Privacy Policy will signify Your assent to and acceptance of its revised terms.
10.1.
Use of certain features of the Website may require submission of certain personally identifiable information (“Personal Information”), which YOOLA may store. For example, in order to access certain features of the Website, You may be required to submit Your first and last name, date of birth, telephone number, e-mail address, country, city of residence, and third-party account credentials (for example, Your login credentials for YouTube, Instagram). If You provide third-party account credentials, You understand and agree that some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into the account You create through the Website and that Third Party Account Information transmitted to our Website is covered by this Privacy Policy.
10.2.
YOOLA collects, stores, organizes and uses the Personal Information according to the current Legislation for the following purposes:
a.
to provide You with Website;
b.
to grant You the full access to YOOLA ’s technology and any other services;
c.
to provide You with all features of the technological services of the Website.
10.3.
You may request YOOLA to update or delete Your Personal Information and/or to limit the processing of Personal Information provided. YOOLA is handling the Your request within 2 (Two) months. In that context You understand and agree that updating, deleting and/or limitation the processing of Your Personal Information may cause loss of further use of Website in whole or in part.
10.4.
If You provide us with a means of contacting You, YOOLA may use such contact information to communicate with You. For example, YOOLA may send You promotional offers on behalf of other businesses or communicate with You about Your use of the Website. YOOLA may also receive confirmation when You open a message from us. If You do not want to receive communications from YOOLA, You may choose to opt out of receiving certain communications by contacting YOOLA via e-mail (support@yoola.com). You may not opt out of receiving legal notices, and any legal notices YOOLA sends You will still govern Your use of the Website, and You are responsible for reviewing such legal notices for changes.
10.5.
Please note that any video, image, or other content posted at the direction of users onto the Website becomes published content and is not considered Personal Information subject to this Privacy Policy.
10.6.
YOOLA may also collect or receive (in some cases as part of the internet communication protocol) certain technical information, when the Website and pages are visited or when the Website is used. Whenever You interact with the Website, we automatically receive and record information on our server logs from Your browser, including Your IP address, “cookie” information, and the page You requested.
11.1.
The Terms constitute the legal agreement between You and YOOLA and govern Your use of the Website.
11.2.
You shall not directly or indirectly attempt to persuade partners, customers, employees, suppliers or consultants of YOOLA for cooperation with the You, employment or acceptance of employment offers or other proposals from the You or third parties whose activities may compete or be contrary to the interests of YOOLA.
11.3.
You agree that YOOLA may provide (but has no obligation to do it) You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website.
11.4.
If any provision of the Agreement is held to be invalid and/or unenforceable by a competent court or regulatory body, such invalidity and/or unenforceability shall not affect the remaining provisions of the Agreement. We reserve the right to replace the invalid and/or unenforceable provisions by a provision that is valid and enforceable and which reflects to the extent possible our original intention or remove it in its entirety. The remaining provisions of the terms will nevertheless remain in full force and effect.
11.5.
You acknowledge and agree that each member of the group of companies of which YOOLA is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
11.6.
The Terms, and Your relationship with YOOLA under the Terms, shall be governed by Israel law. You and YOOLA agree to submit to the exclusive jurisdiction of the courts of Haifa, Israel to resolve any legal matter arising from the Terms. Notwithstanding this, You agree that YOOLA shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
11.7.
Unless otherwise mentioned every single claim, request, question or as such should be written to the following Email address: support@yoola.com.
11.8.
The Terms are made in the Russian and English languages. At all limes, the English version shall be the governing the Terms and the version is valid as an agreement between the Parties.
