- The Wibbitz.com website (and any subdomains) and any related website operated by Wibbitz (the “Site”);
- Any products or services offered by Wibbitz (collectively the “Platform”)
- Any content, data, media, or other materials contained in or accessible by means of the Site or the Platform (the “Content”)
The Platform is intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction (“Legal Capacity”). Accordingly, if you are not of Legal Capacity, you are not allowed to use the Site, Platform, or Content. Be aware that Wibbitz is not and shall not be held liable for any breach of this requirement.
Certain areas of the Site, Platform, or Content may also be governed by license agreements, user agreements, or other terms and conditions applicable to your access or use of those areas of the Site, Platform, or Content. Should there be a conflict between these Terms and the other license agreement, user agreement, or terms applicable to the specific area of the site, the latter will supersede with respect to your access and use of that area of the Site, Platform, or Content.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM.
Restriction on Use of Materials
All contents and materials contained in the Site, Platform, or Content, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are the property of Wibbitz, its affiliates, or a third party provider. You hereby acknowledge and agree not to copy, republish, transmit, reproduce, modify or distribute any of the materials contained on the Platform, except for your personal, noncommercial use, absent prior written consent of Wibbitz.
Our Platform allows you to upload and/or submit content and materials (including any data, text, information, graphics, photos, profiles, audio clips and videos and links). We do not claim any ownership rights of any kind in content and/or materials that you post on or through the Platform. By providing such content and materials to us, you:
- Represent and warrant that you are entitled to submit or post such content and materials and that the content and materials are accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
- Agree that your use of the Site or Platform is at your own risk. While we prohibit any misuse of the Platform, we take no responsibility for your exposure to content on the Platform or Site.
- Agree that information and opinions in content created by third parties represent solely the thought of the author and are neither endorsed by Wibbitz or reflect our beliefs. You acknowledge that you may be exposed to certain content which may violate our policies or otherwise be offensive to you.
- Allow Wibbitz to remove or to refuse to post any information and/or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.
- Agree to be held solely responsible and solely liable for anything that occurs in your account and any activity in your account, including without limitation, for any content being uploaded.
In order to use the Platform you must agree to the following provisions:
- You will not to violate any applicable laws in your jurisdiction (including but not limited to any copyright laws).
- You will not use the Platform for any unlawful purpose, or for any purpose prohibited by these Terms.
- You will use any Wibbitz communications facility to deliver or attempt to deliver spam;
- You will not attempt to gain unauthorized access to the Platform, Content, or the servers and network associated with the Platform;
- You will not circumvent or attempt to circumvent any security or access control technology implemented on the Platform, or the servers and network associated with the Platform and you will not use the Platform in any manner designed to degrade the performance or functioning of the Platform.
- You will not transmit via the Platform any virus, worm, Trojan horse or any other potentially malicious code.
- You will not use the Platform to harass or intimidate any other users.
- You will not use the Platform to post any adult content such as violent materials, nude, sexually offensive photos and/or videos, of any kind.
- You will not crawl, scrape, or otherwise cache any content from the Platform, without our prior written consent.
Limitation of Liability and Indemnification
The content of the Site or Platform may be changed, improved or updated without notice. Your use of the Site, Platform, or Content is at your own risk. In no event shall Wibbitz and/or its partners and/or its affiliates, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, to you or any 3rd party, resulting from your access or use of this Platform. You hereby waive any and all such claims against Wibbitz and/or its partners and/or its affiliates. You agree that the limitations set forth above are fundamental elements of these Terms, and that the Site, Platform, Content and its materials would not be provided to you absent such limitations.
You agree to defend, indemnify and hold Wibbitz and its affiliates harmless from any and all claims, actions, proceedings, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising in any way from Your access to the Platform and/or in connection with all details, content, materials, information and data that you upload and/or submit onto the Platform or any violation of these Terms by You.
Changes of Policy and/or Terms
Wibbitz reserves the right to change this Policy and/or these Terms from time to time. Please check this page frequently and particularly before you submit additional personal information using this Platform. Continued use of the Platform, following any such change, will indicate your acknowledgment of such change and agreement to be bound by the revised Terms and/or Policy. All such changes will apply to previously collected information. Therefore, please make sure you check the Terms and Policy regularly.
Governing Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. Any dispute between you and Wibbitz regarding the content or use of the Platform shall be resolved at the exclusive jurisdiction of the competent courts of located in the city of Tel Aviv-Jaffa, Israel.
Non-Waiver and Severability
Wibbitz’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.
If you have any questions or concerns regarding this Policy, please feel free to contact us via email at email@example.com.