Welcome to www.modovideo.com Internet site (hereinafter, the "Site"), owned by Modovideo Ltd (hereinafter: the "Owner") concerning video Contents and related aspects thereof.
Please review the rules hereunder which govern your use of this Site. Please note that your use of the Site constitutes your unconditional consent to pursue and be bound by these Terms and Conditions of Use (hereinafter the "TCUS").
These TCUS represent a full agreement between you and Owner and replace any and all prior agreements and representations between you, unless otherwise is explicitly determined.
The Owner reserves the right to update or modify these TCUS at any time without prior notice to you. Consequently, kindly review these TCUS whenever you use this Site.
IF YOU DO NOT AGREE TO OR COMPLY WITH THESE TCUS, PLEASE DO NOT USE THIS SITE.
In this TCUS "Contents" mean any service, product, software application, text, picture, movie, sound, and other information or expression whatsoever, including advertisements and/or commercial information.
The purpose of the Owner is to display the Contents continuously without disruptions. However, you should be aware and by using the Site you also agree that the access to the Site or part thereof may be blocked from time to time for maintenance purposes, and/or due to communication difficulties which may prevent you and/or others to download or upload Contents and to view Contents including advertisements, either yours or of others.
INTELLECTUAL PROPERTY RIGHTS (IPR)
Unless otherwise noted, all Contents as well as copyrights, trademarks, trade dress and/or other Intellectual Property related thereto are owned by Owner, or by third parties who have licensed their rights and/or permission to exploit it to Owner and are protected by international and local copyrights and IPR laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Owner.
Owner and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, materials and other Contents which appear or exist on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Owner's or any third party's rights.
The Owner names and logos and all related products and service names, design, marks, slogans, trademarks, or service marks, registered and/or not registered, are all IPR of Owner. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
Owner's trademarks and trade dress may not be used in connection with any product or service that is not Owner's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Owner.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Owner or its suppliers and protected by international copyrights laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
If you are an owner of IPR and believe that any of your IPR is being infringed on the Site, please send a written notice to Owner in accordance with our details below, containing the following information:
1. Identify the creative work and registered IPR, including number, state, and date of registration - that allegedly has been infringed. If multiple IPRs infringements are involved, you should provide a representative list thereof.
2. Describe the material that is claimed to be infringing the IPR aforementioned and provide sufficient information to permit Owner to locate that material.
3. Provide your contact information, including an address, telephone number, and an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the IPR/copyright protected material in the manner complained of is not authorized by the copyright/IPR owner, the owner,s agent, or law.
5. Certify that the information that you have provided Owner is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allegedly have been infringed.
6. Include your physical or electronic signature.
7. Owner will not act on your complaint if you do not provide all this information.
ACCESS & REGISTRATION
Owner retains the right to ask you, as a condition to use the Site or part thereof, to allocate user name and/or password, and/or submit other personal information such as credit card details.
All information represented by you must be truthful and accurate. Providing or representing any untruthful or inaccurate information constitutes a breach of these TCUS.
By accepting these TCUS through your use of the Site, you certify that you are 18 years of age or older and that can enter into legally binding contracts under applicable law. If you are under the age of 18 but at least 12 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these TCUS. If you are a parent or legal guardian agreeing to these TCUS for the benefit of a child between the ages of 12 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
Children under the age of 12 may not use this Site other than for browsing, and parents or legal guardians may NOT agree to these TCUS on their behalf.
Owner may at any time terminate the services it provides you through this Site at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (a) where Owner believes that you are in any way in breach of these TCUS; and/or (b) where Owner believes that you have, at any time, conducted any illegal activity by and/or through the Site.
Owner grants you a limited license to access and personally observe this Site but not to download or modify the Site, or any portion of it, or any Contents thereon, except with express written consent of Owner, and in accordance with Owner's limitations. Without derogating from the above it is hereby stipulated that this license does not permit any resale or commercial use of this Site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Owner in advance. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta-tags or any other "hidden text" utilizing Owner's name or trademarks without the express written consent of Owner. Any unauthorized use terminates the permission or license granted by Owner. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Owner so long as the link does not portray Owner, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Owner logo or other proprietary graphic or trademark as part of the link without express written permission.
By using this Site and following relevant directions thereon, and subject to the terms and conditions related thereto, you may be permitted to upload and use limited storage capacity for video Contents for a limited time.
Owner will not be liable in any respect for lost, stolen, unsecured, misdirected, IPR infringing Contents and alike.
You should keep copies of all Contents submitted and/or uploaded to the Site and be solely responsible for your own submissions and the consequences of posting or publishing them.
Without derogating from the above, you warrant that:
- You will not download, display or otherwise use any obscene, pornographic, sexually explicit or otherwise prurient images, video, photographs or other contents.
- You will not submit material which is subject to IPR of others without their written license to do so and subject to the terms of such license, and will not infringe IPR of third parties under no circumstances, and promptly remove any and all Contents which might be considered as infringing IPR.
- You will not submit material that is illegal, unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
When you visit the Site or send e-mails to Owner, you provide your consent to receive electronic communications from Owner, by e-mail or by posting notices on this Site.
No right, title or interest in Contents or other materials is transferred to you as a result of any such communications.
You agree to defend, indemnify and hold harmless Owner from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these TCUS.
These TCUS are effective unless and until terminated by either you or Owner. You may terminate these TCUS at any time, provided that you discontinue any further use of this Site. Owner also may terminate these TCUS at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Owner's sole discretion you fail to comply with any term or provision of these TCUS. Upon any termination of these TCUS by either you or Owner, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the TCUS or otherwise, unless you legally purchased them under the terms and conditions of these TCUS.
Headings used in these TCUS are for reference purposes only and in no way define or limit the scope of any provision.
If any provision of these TCUS is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable and the other terms of these TCUS shall remain in full force and effect.
The failure of Owner to act with respect to a breach of these TCUS by you or others does not constitute a waiver and shall not limit Owner's rights with respect to such breach or any subsequent breaches.
By visiting the Site, you agree that the laws of the state of Israel will govern these TCUS and any dispute of any sort that might arise between you and Owner.
For any questions related to these TCUS, you may contact Owner according to the following information:
Address: P.O BOX 18249 Tel Aviv, Israel
Phone Number: +972-50-792-4677