Terms of Service
Terms of Service
Last updated: September 30, 2021
Welcome to the http://www.eloops.com website and the Eloops mobile application (the “Services”) operated by Eloops Ltd. (“us”, “we”, or “our”). Your visit, access and use of the Services are subject to these Terms of Services (“Terms”). By accessing or using the Services you agree to be bound by these Terms.
Please read these Terms carefully. If you do not agree with any part of the terms, please do not visit, access or use any part of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
- The Services are not intended for use by persons under 16 years of age. If you are under such age you may not visit, access or use the Services or any part of the Services.
- When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.
- You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.
- You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- If you wish to purchase any product or Services made available through the Services(“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
- You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
- By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
- We reserve the right to refuse or cancel your order at any time for any reason.
- As part of the Services, you and each user may be able to present any Content (as defined below). Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, images, data, messages, posts, photographs, music, software, audio, videos, works of authorship of any kind, chats, and information or other material that are posted, generated, provided or otherwise made available through the Services, including, without limitation, your name, profile picture, voice, likeness (“Content”). All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to, monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
- If you upload to the Services or otherwise provide or make available to us Your Content, you hereby grant us a non-exclusive, royalty-free, sublicensable, transferable and worldwide, royalty-free, fully-paid up license to use, copy, reproduce, modify, create derivative works based upon, display, perform (including publicly), broadcast and use Your Content to: (a) provide and make the Services available, and (b) allow other users to use and share Your Content in accordance with the options made available on the Services.
- You may not post any content which does not belong to you. You should only provide content that you are comfortable sharing with others under these Terms. You hereby represent and warrant that: (i) Your Content: (a) is yours (you own it) or you have obtained the rights to all of the intellectual property rights subsisting in Your Content, the right to use it and rights to grant the foregoing license as provided in these Terms and (b) shall not (1) indecent, sexually explicit or obscene, pornographic, or otherwise offensive or objectionable; (2) contains libel, defamation, threatening, or harassing, abusive, inflammatory or racist materials, promotes discrimination, hatred or harm against any individual or group or is a direct and specific threat of violence to others; (3) offers or disseminates any fraudulent goods, services, schemes, investment opportunities, promotions or advice not permitted by law including illegal gambling or the use of illegal substances, or (4) files that contain viruses, trojan horses, worms, time bombs, or any other similar programs that may interfere with or damage the operation of the Services, and (ii) your use Your Content in connection with or through the Services and our use of Your Content in accordance with these Terms does not and will not infringe or violate any intellectual property rights, privacy rights, contract rights or any other rights of any third party or any applicable law.
- Restrictions. You shall not (i) create an account with or access the Services if you are under the age of 16; (ii) use the Services in an illegal manner or encourage or promote any illegal activity; (iii) advertise, solicit or transmit any commercial advertisements or SPAM; (iv) interfere with or disrupt the operation of the Services or the servers or networks that host the Services, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (v) violate intellectual property or other rights of any party; (vi) rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without our written permission; (vii) infringe and/or violate any of these Terms; and (viii) create false, multiple identities or user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms.
- Copyright Policy
- We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringe the copyright or other intellectual property infringement (“Infringement”) of any person.
- If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, you must submit your notice in writing to email@example.com and include in your notice a detailed description of the alleged Infringement.
- You shall indemnify us for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
- Links To Other Web Sites
- Our Services may contain links to third-party web sites or services that are not owned or controlled by us.
- We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we 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 such content, goods or services available on or through any such web sites or services.
- We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
- Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. You are solely responsible for the backup of Your Content. Certain obligations will continue after termination of these Terms.
- Suspension. Without limitation to our right to terminate these Terms as stated above, we may suspend your access and use of the Services, and your Account, in the event we become aware or suspect that you have breached these Terms, failed to pay any amounts which may be due from you, or if we believe that your activities, or your Account is being accessed or used in a manner that, may cause harm to you, to us or any third party, any property, or which is in violation of any law or rights of any third party.
- Limitation Of Liability
- In no event we shall , nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages of any kind, including without limitation, losses to or of profits, business, reputation, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) Third Party Content (as defined below); (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- Our and our affiliates’ total cumulative liability in connection with these terms, the subject matter thereof, and the Services or any portion thereof, shall in no event exceed an amount which equals to the amounts paid by you for your access and use of the Services in the past three (3) months prior to the Claim (as defined below).
- Any claim or cause of action that you may have in connection with these terms, the subject matter thereof, the services or any portion thereof (collectively, a “Claim”) must be initiated within one (1) year after the cause of action arises. Otherwise, you agree that such Claim is permanently barred, waived and will not be brought against us, or any of our affiliates or suppliers. Furthermore, you hereby waive and give up any rights to, and agree not to, participate in a class action or representative action with respect to any Claim you may have now or in the future.
- The limitations, exclusions, waivers, and terms of this section apply (a) to the maximum extent permitted by law; (b) regardless of whether the damages or losses were known, foreseeable, or advised of, to or by us or our affiliates, and regardless of the form of action or theory of liability (whether breach of contract, tort, or otherwise).
- We are constantly updating our offerings of products and services on the Services. The products or services available on our Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other web sites.
- We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties, guarantees, promises, or covenants of any kind, whether express, implied or statutory all of which are hereby disclaimed on behalf of ourselves, our affiliates,, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement or which may arise in the course of performance dealing or usage of trade. Your use of and reliance on the services is at your own risk. We and our affiliates make no warranty, guarantee regarding the quality, completeness, accuracy, reliability, safety, or security of the services, or any information or content posted by us or others on the Services. We and our subsidiaries, affiliates, and licensors do not warrant that (a) the Services will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.
- The Services contains content from other users, and may contain content provided by, or which may link to other products or services of third parties ( the “Third Party Content”). We and our affiliates are not responsible, take no responsibility, and disclaim any warranties regarding any such Third Party Content. We encourage you to do your own research and read all applicable terms and notices before using, relying on, engaging, subscribing to, or making purchases of or on any Third Party Content or otherwise engaging with any such third parties.
- You are responsible for your actions and Your Content. You agree to indemnify, defend, and hold harmless us, our affiliates, and our and each of their officers, directors, employees, agents, contractors and representatives from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from, including allegations which if true would be due to or arise from, (i) your access or use of the service, activity on your account, or Your Content, (ii) any violation of these terms by you, (iii) your acts or omissions or behavior toward, or relationship with, any other user or third party, and (iv) any losses or damage you cause. We have the right to control the defense and settlement of any such claims which are made against us or our affiliates.
- Governing Law. These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflict of law provisions. Any such disputes will be subject to the exclusive jurisdiction of the competent courts located in Tel-Aviv Jaffa, Israel, and you hereby submit to the jurisdiction of such courts and waive all claims object to such jurisdiction, venue and forum, including, without limitation any claim of forum nonconveniens. As an exception to this, we may seek preliminary, interim or other temporary injunctive or other relief (such as, for example, a court order) in any competent court in any jurisdiction worldwide.
- Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may also issue additional terms, guidelines, rules, or notices, which shall be deemed to form part of these Terms. Any such modifications will be effective within ten (10) days of the date on which such updated Terms are posted, or if earlier, the date on which notice of such modifications is given to you. By continuing to access or use our Services after such time, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
- Contact Us. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
- You may not assign, transfer or delegate these Terms or any rights or obligations you have under these Terms to any other person or entity, but we may do so without restriction.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.