Last Revised: 10.5.16
Drippler Ltd. ("Drippler" or the "Company") welcomes You to its application (the “App”), which uses proprietary algorithms and methods in an intelligent interface to (1) provide the most relevant information regarding various consumer products to the users or visitors of the App ("You") and to (2) provide answers, recommendations, and information drawn from (i) the Company’s database or (ii) a volunteer expert accessible through the App (a “Tech Wizard”) in response to computer technology related queries made by You (any and all of the foregoing, the “Services”). If you register as a business, the term "You" as used herein means You as an individual as well as the business You represent.
1. Acceptance of the Terms
The Terms may be revised and updated from time to time. The Company shall make reasonable efforts to post a prominent notice on the App in case of a material change of the Terms and shall direct you to the revised Terms for you to review. The Company urges You to check the Last Revised date which appears at the top of these Terms. You can review the most current version of the Terms at any time at: http://drippler.com/about/terms
2.1 The Services
The Services consist of some or all of the following features: (i) information from the Company’s database, which may contain information from various third party sources, including text, pictures and videos; (ii) access to Tech Wizards who may provide responses to Your query and (iii) links to relevant Third Party Sites (as defined below) including, but not limited to, links to download/purchase applications from Google PlayTM, the Apple App Store℠ , and other retail websites. The Company reserves the right to modify or discontinue, temporarily or permanently, the Services and/or the App or any of its components, with or without notice to You. You agree that the Company shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the App or the Services.
2.1.2 Information from the Database; Recommendations from Tech Wizards; Links to Third Party Sites
For the avoidance of doubt, Drippler is an informational and recommendation platform only.
Content provided and any Responses are generated content based on information collected or specific keywords contained in a query as run through the Company’s proprietary algorithms and methods.
The information provided including any information contained in the database and provided as a Response may have been culled from Third Party Sites, over which the Company has limited to no control. Advice may be provided by Tech Wizards based on their personal knowledge.
You therefore acknowledge and agree that the Company is not responsible for any content or the availability of content of any Response or Advice and the Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials (“Third Party Content”) made available through Drippler. You further acknowledge and agree that the Company 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 use of or reliance on any Response or Advice or any Third Party Content available through the App. By managing the operations of the App, the Company is not representing or implying that it believes that Response, Advice or Third Party Content to be accurate, useful or non-harmful.
Drippler may display Ads (as defined below) and You are responsible for evaluating whether You want to access or use a Third Party Site or Third Party Content available through such Ads.
3. Payment for Certain Services
If you choose to subscribe to any of our premium, paid services, these are the payment and billing terms that apply. Paid services and billing will auto-renew unless you cancel. You may cancel at any time.
(a) Payment Terms
We offer certain premium versions of the Services (e.g., interacting with Tech Wizards via the Tech Wizard Services) (the “Premium Services”) for a fee. By signing up for and using any of the Premium Services, you agree to these Terms, and any additional terms and conditions that are provided here. You also agree to waive your 14-day right of withdrawal to the maximum extent permitted by applicable law, so that you are able to immediately access all of the Premium Services.
The Premium Services provide you access to certain enhanced services, features and functionality. By signing up for and using the Premium Services, you agree to pay the fees or other incurred charges that apply to the Premium Services (such as subscription fees).
When you sign up for the Premium Services, payment will be made through Google Play (“Payment Method”). The information you provide must be complete and accurate, and you are responsible for keeping it up to date.
Payment for the Premium Services will be made on a monthly or annual basis. All fees due for the Premium Services are payable in advance through Google Play, and will be billed automatically at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable.
(b) Termination or Cancellation of Premium Services
If you do not pay the fees or charges due for your use of the Premium Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).
You can cancel the Premium Services at any time. More information on how to cancel can be found on the Google Play site. Once you have cancelled your Premium Service and received confirmation, no other changes can be made to your account. The cancellation of a Premium Service will go into effect at the end of your then current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.
There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.
(c) Fee Changes
To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.
4. Use Restrictions
You may not, whether by Yourself or anyone on Your behalf: (i) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any portion of the App or the Services in any way; (ii) create a browser, frame, border environment or GUI around the App or the Services; (iii) interfere with or disrupt the operation of the App or the Services, or the servers or networks that host the App and the Services or make the App and/or Services available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iv) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to access the App and/or retrieve index and/or data-mine information; (v) impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the Services or gaining unlawful access to it and/or the App; (vi) falsely state or otherwise misrepresent Your affiliation with any person or entity, or express or imply that the Company endorses You, Your website, Your business or any statement You make, or present false information about the Services; (vii) transmit or otherwise make available in connection with the App and/or the Services any virus, "worm", "Trojan horse", "time bomb", "web bug", spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (ix) use the App or the Services for any illegal or unauthorized purposes; (x) use the App or the Services for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly; (xi) ask questions that may involve illegal activity, do not comply with Google's policies or devices, or may void the device warranty.
Your failure to comply with the provisions set forth herein may result in the termination of Your access to the App and/or the Services and may expose You to civil and/or criminal liability.
6. Intellectual Property Rights
As between You and the Company, the App and the Services, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, queries submitted to the App, Responses, Advice, conversations with Tech Wizards, interface, GUI and trade secrets pertaining thereto (collectively, "Intellectual Property"), are solely owned or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Subject to the foregoing, certain content displayed through the Services and on the App, including without limitation, graphics, photos, texts, guides, manuals, data and information, presentations, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos (collectively, "Content") may be owned by parties other than the Company.
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 or the Content.
7. Representations and Warranties
You represent and warrant to the Company that: (a) all information You shall supply to the Company (if any) in connection with your use of the App and/or the Services shall be accurate and correct; and (b) You will not use the App and/or the Services in violation of any law, rule or regulation or provision of these Terms.
8. Commercial Advertisements
From time to time the Company may allow third-party advertisers (“Advertisers”) to integrate commercials and advertisements, within or beside the App and/or the Service (“Ads”). As between the Company and the Advertisers, all information contained in the Ads belongs solely to the Advertisers and the Company makes no warranties or representations as to the Ads or the content thereof.
9. Disclaimer and Warranties
THE APP AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION OF THE COMPANY RELATED THERETO, IS 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. THE COMPANY DOES NOT WARRANT THAT THE USE OF THE APP AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO ANY COMPANY DATA, INFORMATION AND CONTENT AVAILABLE VIA THE APP AND/OR SERVICES, AND TO THE APP AND THE SERVICES THEMSELVES, AT ANY TIME OR TO DISCONTINUE DISPLAYING SUCH DATA, INFORMATION AND CONTENT WITHOUT NOTICE. THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE APP AND/OR THE SERVICES, NOR ANY AND ALL INFORMATION PROVIDED THROUGH IT, FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICES, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE APP AND/OR THE SERVICES.
THE COMPANY HEREBY DISCLAIMS ALL LIABILITY IN CONNECTION WITH RESPONSES, ADVICE AND CONTENT PROVIDED BY THE APP TECH WIZARDS, THIRD PARTY SITES AND ADS (INCLUDING FOR THE AVOIDANCE OF DOUBT, ANY THIRD PARTY CONTENT) AND ANY ACTION TAKEN BY YOU IN RELIANCE THEREON INCLUDING, BUT NOT LIMITED TO MAKING ANY MODIFICATIONS TO ANY OF YOUR HARDWARE OR SOFTWARE, AND/OR DOWNLOADING, INSTALLING OR PURCHASING MOBILE APPLICATIONS OR OTHER PRODUCTS FROM ANY SOURCE, WHICH SHALL BE YOUR SOLE RESPONSIBILITY.
10. Limitation of Liability
THE USE OF THE APP AND/OR THE SERVICES 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, INCLUDING DEATH OR INJURY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, 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 FIVE (5) US DOLLARS.
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 App and/or the Service; (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; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the App and/or the Services including for successful or proper installation. This defense and indemnification obligation will survive these Terms.
12. The Company Respects the Intellectual Property of Others
The Company respects the intellectual property rights of others. If You believe that Your work has been copied or otherwise used in a way that constitutes copyright infringement or violates your intellectual property rights, please provide the following information in writing to Drippler's Intellectual Property Agent: (i) the contact details of the person authorized to act on behalf of the owner of the work; (ii) a description of the 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 Drippler 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 law or agreement; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that You are the owner or are authorized to act on behalf of the owner of a work that is allegedly infringed. Drippler's Intellectual Property Agent can be reached as follows: firstname.lastname@example.org
13.1. 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.
13.2. Any claim relating to the App and/or the Services or Your 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 access of the App and/or use of the Services 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.
13.3. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
13.4. 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.
13.5. 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.
If You have any questions or comments about the Terms, please feel free to send us an email at: email@example.com