(Last Modified: May 28, 2020)
These Terms and Conditions ("Terms") set forth the terms according to which you ("you" or "user") may use this website ("Website"), developed and operated by Finally Media Ltd (" Finally Media" or "Company" or "we" or "us") and it constitutes a legally binding agreement between you and us. We advise you to review the terms set forth herein prior to browsing or using our Website.
Acceptance of These Terms: Your access or use of this website or the Services available therein constitutes your agreement to be bound by the Terms set forth herein. You hereby you acknowledge that you have read, understood, and agreed to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Website. Note that, these Terms are enforceable legal contracts and further enforces class action waiver and arbitration provision as detailed below in the dispute resolution section below. THUS, IN THE EVENT YOU DO NOT AGREE with ANY PROVISION OF THESE TERMS, PLEASE DO NOT ACCESS, VIEW OR USE THE WEBSITE.
ELIGIBILITY AND AGE LIMITATION
You hereby represent and warrant that: (i) you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; (ii) in the event you are acting on behalf of a corporation you have all proper authorization to enter into these Terms; (iii) you are of appropriate age to enter into this Terms.
AMENDMENTS TO THESE TERMS
We reserve the right, at our discretion, to revise or update the Terms at any time. Such amendments shall be effective upon publication of the amended Terms. The last revision will be reflected in the "Last Modified" heading. Your continued use of the Website thereafter constitutes your consent to such changes and you agree to be bound by them, therefore we ask you to check back periodically to review the most updated Terms.
SCOPE OF SERVICE
Our Website provides you with content in various categories, trendy topics and themes, provided by our team and community of writers and bloggers, including articles, images, pictures, text, information, blogs and video footage created either by us ("Company Content") or by our third-party partners and other users (e.g. UGC as defined below) ("Third Party Content" and together with the "Company Content" shall be defined as the "Website Content") (collectively, the "Service(s)"). The Website Content is provided solely for entertainment purposes, and in no event shall constitute or shall be deemed to constitute professional or expert advice. If you are considering any action based on the Website Content, you should make your own, independent assessment and take appropriate independent professional advice (if applicable).
THIRD-PARTY SERVICES AND SITES
The Website may feature and present third-party services or products ("Third Party Services") as well as include links to third-party websites not owned or operated by us ("Third Party Sites"). We exercise no editorial or programming control over Third Party Services or Sites. You acknowledge and agree that (a) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third-Party Services or Sites; (b) Third Party Services or Sites are not under our control and we are not responsible for and do not endorse, promote or encourage such Third-Party Services or Sites. By entering using Third Party Services or entering Third Party Sites, you will be subject to such third parties' terms of services and privacy policies, which may be found on the relevant Third-Party Sites. You agree that we will not be held responsible or liable for any injury, loss or damage of any sort incurred as the result of your use of or access to any Third-Party Services or Sites on or through the Website, and you are solely responsible for your reliance upon any Third-Party Services or Sites made available on or through the Website.
USER GENERATED CONTENT
The user-generated content ("UGC"), refers to a wide variety of media content that is produced, submitted, and uploaded by you and by other users as opposed to content made by us. The UGC shall include, among other images, comments, posts, texts, icons, links, opinions, and feedback provided by you and by other users, including through a social network plugin available on the Website, etc. You hereby undertake and agree that the UGC uploaded by you may not violate any applicable law, including but not limited to: (a) contain hateful content, including any content that might encourage or suggest violence of any kind, racism or discriminatory (based on age, gender identity, sexual orientation, ethnic, nationality etc.); (b) contain adult and pornography content, including, any content that is sexual by its nature (e.g., images containing nudity, sexual language, etc.) or any content which contains alcohol-related or other mature content; (c) contain any content or engages in a behavior which may infringe in any way third party intellectual property, including but not limited to patents, copyrights, logos, tradenames, trademarks trade secrets etc.; (d) contain any content or engage in any activity that shall infringes the right to privacy or use of children's images or names, or include any personal information on you or other individuals; and (e) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product.
By submitting, posting, or displaying UGC through the Website, you grant us with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, distribute, prepare derivative works of, display, make available to the public any part of the UGC uploaded by you in connection with including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any channel. Furthermore, you grant each user of the Website, a worldwide, non-exclusive, royalty-free license to access your UGC, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms.
We may choose to remove, delete, and do not display any UGC submitted by you, for any or no reason, at our sole discretion. Further, if we believe, in our sole discretion, or we discover that the UGC submitted by you violates or may violate any of the aforesaid, we will have the sole and absolute right to remove, delete and band such UGC. We may also restrict your access or use of the Website. Notwithstanding the above, the Company has no obligation to monitor the UGC and the responsibility and liability with respect to the UGC and its compliance with the law is obliged on you.
Except as expressly granted in these Terms, we retain all right, title ownership and interest in and to the Service and Website or Website Content (excluding UGC and Third-Party Content and Sites), copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Service and Website (excluding UGC and Third-Party Content) to the fullest extent possible under applicable law. We reserve all rights in and to the Service and the Website which are not expressly granted herein.
You acknowledge and agree that Third Party Content may be copyrighted material of the third party that submitted or provided it, is protected by the applicable copyright law, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except as permitted by applicable law.
You may not remove or attempt to circumvent any copyright protection mechanisms and any attempts to remove or circumvent or removals or circumventions may subject you to liability.
The Company operates a clear copyright policy in relation to any Website Content which is alleged to infringe the copyright of a third party ("Copyright Policy"). Our copyright policy incorporated the Digital Millennium Copyright Act of 1998 ("DMCA") and we have registered an appointed designated copyright agent ("Agent") for copyright takedown notices. We will respond at a reasonable time to claims of copyright infringement committed using the Website that are reported to the Company's Agent.
Submit a DMCA Notice
If you are a copyright owner or are authorized to act on behalf of one, and you believe in good faith that any Website Content or any part thereof has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party which you are authorized to act on its behalf, please report the alleged copyright infringements taking place on or through the Website by submitting a DMCA notice of alleged infringement ("DMCA Notice") and delivering it to Company's Agent, as detailed below.
You can submit a DMCA Notice by:
- Filling in and submitting our online DMCA Notice form available at: link, or;
- Providing the following information to our Agent:
b. Provide your contact information ‐ name, mailing address, telephone number, and email address.
c. Include both of the following statements in the body of the DMCA Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
d. Include a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
e. Deliver this DMCA Notice, with all items completed, to Company's Agent:
Via email: email@example.com
Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the DMCA Notice. Please remember by submitting a DMCA Notice you will be initiating a legal process, hence, please do not make any false claims.
Upon receipt of a valid DMCA Notice, our policy is to remove or disable access to any content that we believe in good faith is infringing or violating the copyrights or other intellectual property rights of any third party and to notify the alleged infringer that we have removed or disabled access to such content. In addition, in the event of UGC, the Company reserve the right to terminate the users' access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
What if I received a Notice of Complaint?
If you receive a notice of DMCA complaint ("Complaint") it means that certain content that you have uploaded to the Website or otherwise provided to the Company has been deleted from the Website at the request of the content's owner or authorized licensee. If you want us to forward the information from the Complaint, please email us at: firstname.lastname@example.org
If you believe in good faith that the content was removed in error, you have the option to file a counter-notice ("Counter-Notice") by following the steps below. When we receive a valid Counter-Notice, we may remove the Complaint from your record (at our discretion).
Your Counter-Notice should include all of the following:
a. Your contact information ‐ name, mailing address, telephone number, and email address.
b. DMCA ID printed at the bottom of the notification email.
c. The source address of the content that was removed (copy and paste the link in the Counter-Notice).
d. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
e. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please email your Counter-Notice to email@example.com. If a proper Counter-Notice is received by us, we may send a copy thereof to the original complaining party and inform him/her that that Company may replace the removed material or cease disabling access to it. Unless Company first receives notice from the copyright owner of the allegedly infringed work(s) or his/her agent that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the referenced materials, Company may, at its sole discretion, replace such material and cease disabling access to it, at our discretion.
Please note that when you provide us a DMCA Notice or a Counter-Notice, we are relying on the information that you have provided us. Any person who knowingly misrepresents that the material or activity is infringing shall be liable for any damages, including costs and attorneys' fees, incurred to the alleged infringer, to any copyright owner, copyright owner's authorized licensee or to Company, who is damaged by such misrepresentation. Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Before submitting a DMCA Notice or a Counter-Notice, be sure that you are the actual rights holder of the content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
RESTRICTIONS OF USE
The Website, Website Content, and Services are provided solely for your personal, non-commercial use (unless you obtain Company's prior written approval). You hereby agree you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Website, Website Content and Services or attempt to derive the source code of the Services or gain unauthorized access to the Website or its related systems or networks, nor remove, circumvent, disable, damage or otherwise interfere with security-related features or operation of the Website, including, without limitation, transmitting destructive items or harmful codes; (b) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the Website Content available to any third party, or any portion thereof; (c) use the Website or the Website Content in any fraudulent or unlawful manner; (d) use the Website or Service in any way that violates any provision of these Terms; (e) assert any proprietary rights in or to the Website Content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; (f) use, access or attempt to access the Website or Service in connection with any automated means or manual processes to monitor or copy any content contained therein, or use such means to extract information from the Website, nor extract, collect or store personal data about other users without their express permission; (g) use Company's name, logo or trademarks without Company's prior written consent. If we find needed, we will investigate any breach or alleged breach of these Terms and report to law enforcement authorities. Further, we are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our Website for any reason or for no reason, at our sole discretion
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO WEBSITE, WEBSITE CONTENT, SERVICE, AND ANY UGC, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" OR "" AS AVAILABLE" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE SERVICE, WEBSITE OR WEBSITE CONTENT, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE OR WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE OR ANY CONTENT AVAILABLE THEREIN.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your access to or use of the Service or Website. The user is solely responsible for his or her actions when using a Service or Website.
SUPPORT, UPDATES, AND UPGRADES
The availability and functionality of the Services depend on various factors, including software, hardware, and communication networks that are provided by third parties. These factors are not fault-free. The Company does not warrant that the Services will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. We reserve the right to add additional features to the Service or to provide updates, upgrades, or programming fixes. We have no obligation to make available to you any subsequent versions of the Services. Additionally, we have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited technical support, upgrades, and updates for the Services.
At any time, you may stop using the Service or ceasing to access the Website. We reserve the right, at any time, to (i) discontinue, terminate, suspend or modify any aspect of Service or Website; or (ii) terminate these Terms and your use of the Website with or without cause, and shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of these Terms or the Service. These Terms will automatically terminate if you fail to comply with these any of its requirements. Upon any termination, you agree to stop using the Service and exit the Website.
In the event of a dispute, you agree to first contact us. We will make best efforts to resolve the dispute informally and in good faith. If we were not able to resolve the dispute, we each agree by these enforceable Terms to resolve any claim arising out of or in connection with or relating to these Terms, by binding and exclusively arbitration by the American Arbitration Association ("AAA"), as well as to bring claims in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims. We are each waiving the right to a trial by jury or to participate in a class action. If you wish to opt-out of this arbitration agreement, you must provide us with a written clear notification stating you do not agree to this provision, which will further include your name and residence address.
These Terms are governed by laws of the State of Israel, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with exclusively in a court located in Tel Aviv, Israel, and to submit to the personal jurisdiction of the courts located in Tel Aviv for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterward.
This dispute resolution provision will survive the termination of these Terms.
These terms, constitute the entire understanding between the parties with respect to the use of the Website or any portion thereof. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. The Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. The Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If you have any questions about these terms or wish to report violators of these Terms, you may contact us via email: firstname.lastname@example.org, or as detailed here: https://www.finallynews.com/about-us