utab Terms of Use

December 24, 2015

The following terms of use and end user license agreement is an agreement between you and YouTab Media 2011 Ltd. (either "YouTab", "we" or "us") and shall govern your use of YouTab's services and tools including the My Studio, Fun Player, the Market Place, YouTab Magazine and any other YouTab application, plug-in, service, software, component, functionality, program provided by YouTab (collectively, the "Services").

BY ACCESSING, USING OR INTERACTING WITH THE SERVICE, YOU SIGNIFY ELECTRONICALLY THAT YOU AGREE TO THESE TERMS AND BY THE APPLICABLE PROVISIONS OF THE YOUTAB TERMS OF SERVICE INCLUDING BUT NOT LIMITED TO THE YOUTAB END-USER LICENSE AGREEMENT (available at https://www.utab.com/terms), PRIVACY POLICY (available at https://www.utab.com/privacy) AND COPYRIGHT NOTICES (available at https://www.utab.com/copyright) (COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "YOUTAB TERMS OF SERVICE"). If you do not agree, do not use the Service.

About the Service

The Service is intended for general audiences and for personal use only. The Service offers information, audio and video content for viewing ("Content"), links to other site, and a search functionality provided by us and or our affiliates. The Service is a consumer service and is not designed to be used in connection with commercial activities by you, your employer or contractors. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.

Access from Mobile Devices

When you use the Service on mobile devices you may have the option or may be required to provide YouTab with your mobile phone number. In addition to your mobile phone number when using the Service on certain mobile devices YouTab may need to access and collect certain details from your mobile device including details from your address book. Also, please note that YouTab may offer you functionality in which your log-in credentials are stored on your mobile device so that you can be automatically logged in to YouTab. Please note that wireless, data or text messaging charges may apply if you access the Service through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device.

Changes to the Service

The YouTab Services or any part may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by YouTab in its sole discretion ("Updates"). You agree to bear the risks of and hold YouTab harmless for any and all effects that the Updates may have on you and your ability to use the YouTab Services, in whole or in part.

Registration

You do not need to sign up to visit the Service; however, certain features are available only to users who register with us and obtain a YouTab account after agreeing to the YouTab Terms of Service https://www.utab.com/terms.

Privacy Policy

The YouTab Privacy Policy explains the practices that apply to your information when you use the Service. Your ongoing use of the Service signifies your consent to the Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy available at https://www.utab.com/privacy link located on the home page of the Service.

Children under 13

The service is intended for a general audience and is not directed to children under the age of 13. We do not knowingly collect, use, or disclose personal information from children under the age of 13 and do not wish to do so. If you are under 13 years of age, do not use the Service and do not provide any personal information to us. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using our site and/or services, we reserve the right to prohibit and block such user from accessing our site and will make all efforts to promptly delete any personal information.

License to Use the Service

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Service subject to the terms of this Agreement. You may not use the Service in a manner that exceeds the rights granted for your use of the service and its Content. Without limitation of the foregoing, you may not frame any portion of the Service or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, make derivative works or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or the Service. Your license terminates immediately upon cancellation or termination of your account or if we believe you are in violation of these Terms of Use. You agree that any licensor or provider of the Content on the Service is a third party beneficiary of this Agreement ("Licensor"), and that such Licensor will have the right to enforce such provisions in its own name, whether at law or in equity, to the same extent as if such Licensor was a party to this Agreement. You agree that you will not raise lack of privity as a defense against any Licensor seeking to enforce the provisions of this Agreement.

Your Responsibilities

You may use the Service for lawful purposes only. You are responsible for all activities under your account, including all legal liability incurred from the use of your YouTab account by you or others. You agree that you will not access or use the Service or its Content, or otherwise engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • is unlawful;
  • uses technology or other means to access the Service or Content that is not authorized by us;
  • use or launch any automated system, including without limitation, "robots", "spiders," or "offline readers", to access the Service or Content;
  • attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • attempts to gain unauthorized access to our computer network or user accounts;
  • harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Service to violate the terms of this section;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; offers, promotes or encourages betting or wagering prohibited by law;
  • violates this Agreement, guidelines or any policy posted on the Service;
  • attempts to damage, disable, overburden, or impair our servers or networks;
  • interferes with any other party's use and enjoyment of the Service.

You agree that we may take any legal and technical remedies to enforce these Terms of Use, including without limitation, immediate termination of your account or access to any Service if we believe in our discretion you are violating these Terms of Use.

Proprietary Rights

We, our suppliers, or anyone else we authorize to post Content on the Service own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights and also may have security components that protect digital information. You agree that you will not violate these rights and access and use the Content only for your own personal use, and only as authorized by the owners of these rights.

Materials You Send or Post

While you retain ownership of all right, title, and interest in any information, documents, content, images, photographs or other material ("Material") sent to Youtab or posted to the Services, by sending or posting such Materials you hereby grant Youtab, its affiliates, subsidiaries, assignees, licensees, and legal representatives an irrevocable, perpetual, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Materials (as such may be edited and modified by YouTab in its discretion) through the Services and such other products or services as YouTab may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.

You agree that you will not upload, post, submit or send any Materials through the Services that: (1) is offensive, harmful, vulgar, sexually explicit, or unlawful; (2) you don't have a right to transmit under any law, including but not limited to Materials that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (3) contains software viruses or any other computer code that may be harmful to YouTab or to Internet users in general; (4) is unsolicited advertising, promotional materials, or any other forms of solicitation; (5) impersonates in any way any person, entity or YouTab official; (6) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; or (7) is confidential, secret or proprietary information belonging to someone else.

YouTab reserves the right and the sole discretion to refrain from publishing on the Services and to delete or remove from the Services any Materials posted or sent, by any user or any part thereof. You acknowledge that you (and not YouTab) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and YouTab's display of any Materials. You hereby hold YouTab harmless from and against any third party claim arising from use of the Materials.

You further understand and thereby authorize, that your Materials may be accessed, viewed, stored or reproduced by YouTab users or other visitors to the Services.

Third Party Sites; Advertisers

The Service may include links to third party websites, including links provided as automated search results and links to certain related products or services. These links are provided by YouTab only as a convenience. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content, the products or services, or other materials on these third party sites. You agree that the Service may be supported by advertising. YouTab does not endorse any service or product that may be offered by any third party advertising through the YouTab Services. Any dealings that you have with advertisers found on the Service are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

Other Software and Open Source Code

Portions of some of the Services may have been created using third party software or code including through various open source projects. In such cases, the licenses and availability of source code for such components are specified in a copyright notice document or in other documents delivered with or linked from such Software. If you are not able to download the applicable open source code, please contact info@utab.com.

Procedure for Making Claims of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please follow the instructions located at https://www.utab.com/copyright on how to contact us to report possible copyright infringement.

Charging Policies

Generally, the YouTab Services are provided to you free of charge. However, there may be extra charges to use or access certain premium or subscription content, products or services ("Premium Services") on or through the YouTab Services. YouTab will always provide you with a clear notice of any charges for any Premium Service, including details of payment, consideration and details of service. Please note that when using YouTab Services on mobile devices you may be charged by your cellular operator for data or access to the Internet. Therefore, please check with your cellular provider of any charges that will apply when using the YouTab Services through your mobile device.

Premium Services

YouTab attempts to be as accurate as possible in the description of its services, however, we cannot warrant that the services and product descriptions or other content of any YouTab Service is accurate, complete, reliable, current, or error-free. Any purchase or subscription to any Premium Service may entail additional fees, taxes and foreign exchange rates or charges. Failure to pay these fees may result in termination of your right to use the Premium Services. In order to minimize interruptions to your use of the Premium Services, you authorize us, or any third party billing service provider to store your details and billing method and to continue charging until such time you cancel your subscription as provided in each of the Premium Services. Please note, that when cancelling a Premium Service, cancellation will occur at the end of your then current billing cycle and will automatically remove your access and discontinue your use of any Premium features at the end of the applicable cycle. Generally all fees and charges are nonrefundable and there are no refunds or credits for partially used periods to the extent permitted by applicable law. Some jurisdictions may entitle customers to refunds when cancelling a subscription during a short period following the beginning of the customer’s use (and not necessarily from the payment thereof) of the Premium Service. For billing inquiries please contact info@utab.com.

Support

You understand that your use of the YouTab Services is at your own risk. YouTab may provide assistance and information as posted on the YouTab Web site. Unless otherwise provided herein, YouTab is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements any YouTab Service.

DISCLAIMER

WE PROVIDE THE SERVICE "AS IS" AND WITH ALL FAULTS. YOU ARE USING THE SERVICE AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SERVICE IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT ALL DATA WILL BE SUCCESSFULLY OR SECURELY UPLOADED AND STORED ON THE SERVICE, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND DISTRIBUTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, PROFITABILITY OF THE SERVICE, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

LIMITATION OF LIABILITY

WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR THE SERVICE IS TO CANCEL YOUR USE OF THE SERVICE.

Indemnification

You agree to defend, indemnify, and hold harmless us and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

We make no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where you are located, and accessing it from territories where the Content accessed via the Service may be illegal or is prohibited. You are responsible for compliance with local laws when you access and use the Service.

Choice of Law and Location for Resolving Disputes

You agree that the laws of Israel govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Tel-Aviv and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

The YouTab Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Service constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

Your right to use the Service automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Service. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice.

Changes to the Terms of Use.

YouTab may change from time to time, the YouTab Terms of Use. You agree that your use of the Service beyond a period of 30 days after a notice of such change has been provided on the YouTab network or Web site for the first time, shall constitute your consent to the new or revised YouTab Terms of Service.

Rights and Remedies

You acknowledge that the YouTab Services contain YouTab proprietary and confidential information, and that disclosure of such information or misuse of the YouTab Services will give rise to irreparable injury to YouTab, inadequately compensable in damages. Accordingly, YouTab may seek and obtain injunctive relief against such disclosure or misuse or threatened such disclosure or misuse, in addition to any other legal remedies that may be available.

Electronic Delivery Policy and Your Consent

You acknowledge that you are agreeing to these terms online and electronically. You authorize us to provide you with required notices, agreements and information concerning the Service electronically. YouTab may send you (i) notices about your use of the YouTab Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information to an e-mail address provided by you on or through any of the YouTab Services.

We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the Service or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Service. You acknowledge that the various notes, notices and warnings available on the YouTab Services, are provided as a convenience only. The inclusion of such does not constitute an obligation on YouTab to provide such notes, notices and warnings in other places or features of the YouTab Services.

Survival

The provisions of this Agreement addressing restrictions on use, disclaimers of representations and warranties, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of this Agreement, your use of the YouTab Services, and your use of or access to Premium Services.

Construction

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Transfer of Rights

YouTab may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, and successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. For example, and without any limitation, you shall not transfer, assign, sell or offer for sale YouTab numbers, nor purchase or receive such YouTab numbers from any third party.

Headings

The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this agreement.