Drippler Ltd. ("Drippler" or the "Company") welcomes You to its website at the address http://drippler.com (the "Site") and to its mobile application (the “App” and together with the Site, the "Platform"), which uses proprietary algorithms and methods to provide the most relevant information regarding various consumer products (the "Service") to the users or visitors of the Platform ("You"). 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 Platform 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
By accessing the Platform, using the Service, and/or linking to or from the Platform, You acknowledge that these Terms constitute a binding and enforceable legal contract between You and the Company.
2. The Service
The Service consists of some or all of the following features: (i) information from various third party sources which may contain text and pictures; (ii) videos; 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 Site, the App and/or Service, 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 Site, the App and/or the Service.
THE COMPANY HEREBY DISCLAIMS ALL RESPONSIBILITY IN CONNECTION WITH RECOMMENDATIONS, ADVICE AND CONTENT PROVIDED BY THIRD PARTIES SITES AND ADS AND ANY ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT INCLUDING, BUT NOT LIMITED TO DOWNLOADING OR PURCHASING APPLICATIONS OR OTHER PRODUCTS FROM THIRD PARTY SITES, SHALL BE YOUR SOLE RESPONSIBILITY.
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 Platform or the Service in any way; (ii) create a browser, frame, border environment or GUI around the Platform or the Service; (iii) interfere with or disrupt the operation of the Platform or the Service, or the servers or networks that host the Platform and the Service or make the Platform and/or Service 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 Platform 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 Service or gaining unlawful access to it and/or the Platform; (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 Service; (vii) transmit or otherwise make available in connection with the Platform and/or the Service 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 Platform or the Service for any illegal or unauthorized purposes; (x) use the Platform or the Service for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly.
Your failure to comply with the provisions set forth herein may result in the termination of Your access to the Platform and/or the Service and may expose You to civil and/or criminal liability.
6. Intellectual Property Rights
The Platform and the Service, 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, 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. Notwithstanding the above, certain content displayed through the Service, 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 third parties (e.g. content contained in posts from Third Party Sites).
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 Platform and/or the Service shall be accurate and correct; and (b) You will not use the Platform and/or the Service 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 Platform and/or the Service (“Ads”). 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 PLATFORM AND THE SERVICE, 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 PLATFORM AND/OR SERVICE 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 PLATFORM AND/OR SERVICE, AND TO THE PLATFORM AND THE SERVICE 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 PLATFORM AND/OR THE SERVICE, 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 PLATFORM AND/OR SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE PLATFORM AND/OR THE SERVICE.
10. Limitation of Liability
THE USE OF THE PLATFORM AND/OR THE SERVICE 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 TORTIOUSACTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, 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 Platform 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 Platform and/or the Service including for successful or proper installation. This defense and indemnification obligation will survive these Terms.
12. Copyright Agent
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, please provide the following information in writing to Drippler'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 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 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. Drippler's Copyright 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 Platform and/or the Service 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 Platform and/or use of the Service 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