Viewbix Terms of Use
Acceptance of These Terms of Use
Qoof Inc., a Delaware limited liability Company and its subsidiary Viewbix (“Viewbix,
Qoof”, “We,” or “Us”),, is providing you with access to our internet website located
at www.Viewbix.com and its related websites (referred to as “Viewbix.com” or the
“Service”) free of charge unless otherwise indicated. “You” means you
or, if you are entering into this Agreement on behalf of your employer or another
entity, then “You” means that employer or entity and affiliates. In
Viewbix’s sole discretion, Viewbix reserves the right to charge fees for, or discontinue
any part of the Service at any time. BY USING and/or VISITING THE SERVICE, INCLUDING
BUT NOT LIMITED TO THE PRODUCTS, SERVICES, CONTENT, APPLICATIONS OR OTHER FEATURES
THAT MAY BE AVAILABLE FROM TIME TO TIME IN CONNECTION WITH THE SERVICE, YOU AGREE
TO BE BOUND BY BOTH THIS TERMS OF USE AGREEMENT AND VIEWBIX’S PRIVACY POLICY (available
at .Viewbix.com/corp/privacy.pdf ) WHICH IS INCORPORATED HEREIN BY REFERENCE. THESE
TERMS OF USE APPLY TO ALL USERS OF VIEWBIX.COM, WHETHER MEMBER OR VISITOR AND WHETHER
OR NOT YOU UPLOAD CONTENT TO VIEWBIX. EACH TIME YOU USE OR ACCESS VIEWBIX.COM YOU
ARE RESPONSIBLE FOR BEING FAMILIAR WITH ANY CHANGES OR MODIFICATIONS TO THESE TERMS
OF USE, WHICH MAY OCCUR FROM TIME TO TIME. In the event we modify these Terms of
Use, we reserve the right, at our sole discretion and without any obligation, to
provide You notice of such changes to any e-mail or postal address You have provided
to Viewbix.com. Our permission for you to use the Service is contingent on your
acceptance of these Terms of Use.
Ownership
Other than Submissions (as hereinafter defined) You provide to Viewbix.com, all
content, software, scripts, images, graphics, audio, video and other materials in
any form appearing on the Service (collectively “Viewbix Content”) are protected
by copyrights, trade or service marks, patents or other proprietary rights and are
owned by or licensed to Viewbix.com, subject to intellectual property rights under
United States and international laws and conventions. You understand and agree that
all Viewbix Content is provided to You solely on an AS IS basis for Your personal
use only and may not be copied, reproduced, distributed, broadcast, displayed, sold,
licensed or otherwise used or exploited for any purpose and in any manner without
the prior written consent of Viewbix or respective owners. Viewbix reserves all
rights not expressly granted to You. If You download, print or display any Viewbix
Content for personal use, You must retain all copyright and other proprietary notices
found in connection with Viewbix Content.
Access to Viewbix.com
You are solely responsible to arrange and to pay for any service fees if any, associated
with Your ability to access Viewbix.com as well as any other equipment necessary
to connect to the Service. You are responsible for ensuring that that Your equipment,
software and use do not disturb or interfere with our operation of the Service.
In the sole discretion of Viewbix, any equipment, software or otherwise usage that
may cause any interference with the Service, shall result in immediate disconnection
from the Service.
Eligibility, Membership and Termination
Eligibility to Use Viewbix. As a condition to your use of Viewbix.com as a member
or a visitor You hereby affirm that (i) You are able to understand and accept these
Terms of Use and abide by its terms; (ii) should You decide to register and become
a member, all registration information You provide will be accurate and truthful
and You agree to timely maintain this information; (iii) You are at least 13 years
of age; and (iv) if You are not yet at least 18 years of age You are an emancipated
minor or have consent of Your parent or legal guardian. If You are not at least
13 years of age, You cannot use Viewbix.com. Please speak to Your parents or guardian
about another service that may be appropriate for You. Your Account and Information.
You are entirely responsible for maintaining the security and confidentiality of
Your information and password. You shall immediately notify Viewbix.com should Your
password or any of Your information be compromised and of any such unauthorized
use. Any information provided by You or gathered by Viewbix.com or third parties
during any use of Viewbix.com shall be subject to the Viewbix Privacy Policy. Termination.
Should You violate or breach these Terms of Use, or if Viewbix otherwise deems appropriate,
Viewbix reserves the right, at its sole discretion and without notice, to suspend
or terminate these Terms of Use, Your membership, any and all content and information
You may have provided and Your ability to access any part of Viewbix.com. Even after
termination of these Terms of Use, provisions 2, 4, 5, 8, 10, 11, 12, 13, 14, 15
and 16 of these Terms of Use shall remain in effect.
Your Content.
After entering into this Agreement, You may designate original content compliant
with the terms of this Agreement for hosting and display to end users by uploading
such content directly to Viewbix. All content so designated by You and contained
within or provided by You in association with such content, including but not limited
to all video and still images, closed captioning, metadata and music, is referred
to collectively as “Submissions.” Viewbix shall have no obligation whatsoever
to return any materials delivered to it for uploading under this Agreement. Your
Submission must describe the use of, endorse, or otherwise discuss a named product
or service. You may provide Submissions to Viewbix.com as text, graphics, images,
audio, video, digital files, software or in other electronic format.
Your Conduct
Responsibility for Your Conduct. You alone are responsible for Your conduct on Viewbix.com
and for all the content You provide. Viewbix.com does not endorse any Submissions
that may appear on or through the Service and makes no warranties, express or implied,
as to their accuracy and reliability. Viewbix expressly disclaims any and all liability
in connection with any and all such Submissions. Member Disputes. You are solely
responsible for Your interactions with other Viewbix members. Viewbix reserves the
right, but has no obligation, to monitor disputes between You and other members.
Use of Content
By entering into this Agreement and uploading, sending or otherwise making available
Your Submissions to Viewbix.com, You are directing and authorizing Viewbix to, and
granting Viewbix a royalty-free, non-exclusive right and license to, host, cache,
route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt,
facilitate the sale or rental of copies of, analyze, and create algorithms based
on the Submissions in order to (i) host the Submissions on Viewbix’s servers, (ii)
index the Submissions; and (iii) display, perform and distribute the Submissions,
in whole or in part, in connection with Viewbix products and services now existing
or hereafter developed, including without limitation for syndication on third party
sites. This license gives Viewbix the right to display Your Submissions in whole
or in part via streaming and/or downloading technologies, for no fee to the end
user. Viewbix may in its sole discretion display a link or links to the website
You designate (subject to Viewbix approval) in connection with any display of Your
Submissions, and to display links to third party commercial retailer web sites where
purchases of the Submissions may be available, to the extent such third party commercial
retailer web site serves as a distributor of the Submissions. You expressly agree
that any and all links provided by You shall function properly and effectively to
allow end users to transfer immediately to the intended and indicated site(s), and
that You are solely responsible for maintaining and updating as necessary any such
links. Failure to do so may result in immediate termination without notice. Viewbix
reserves the right to display advertisements in connection with any display of Your
Submissions. Notwithstanding the foregoing, Viewbix is not required to host, index,
or display any Submissions uploaded or otherwise provided to Viewbix, and may remove
or refuse to host, index or display any Submissions at Viewbix’s sole discretion.
Viewbix is not responsible for any loss, theft, intellectual property infringement
or damage of any kind to the Submissions.
Promotional License, Brand Features, Publicity.
You hereby grant Viewbix a non-exclusive, world-wide, royalty-free license to use
Your name and logo (“Brand Features”), in connection with Your Submissions,
and to use Your Submissions in their entirety or in abbreviated form for advertising
or promotional purposes, including, without limitation the right to publicly display,
perform, reproduce and distribute such excerpts and Brand Features on the Internet
and in presentations, marketing materials, customer lists, financial reports and
Web site listings of customers. If this Agreement is terminated, Viewbix may continue
to use such excerpts and Brand Features in printed (versus “online”)
materials that are in existence as of the date of termination.
Content Submissions and Website Policies
Representations About Content You Provide. When You provide any Submissions to Viewbix,
You understand and accept complete responsibility for Your Submissions, including
any and all consequences that may arise. As such, You represent and warrant that
You: own or have secured all necessary licenses, rights, consents, permissions or
other intellectual property rights regarding your Submissions and authorize Viewbix
to make use of these Submissions in the manner contemplated by the Service and these
Terms of Use; have explicit permission, including but not limited to, a signed,
written consent and/or release of every person that may appear within the Submissions
for Viewbix to use the Submissions, including the names and likeness of those persons,
in the manner contemplated by the Service and these Terms of Use;Prohibited Content
Submissions. If a video submission is the form of a link to a video contained in
YouTubeTM then you agree to additionally abide by all the terms and conditions
of YouTube as stated by them. For YouTube’s Terms and conditions please follow this
link and all sublinks http://www.youtube.com/t/terms
. If a video submission is the form of a link to a video contained in FacebookTM
then you agree to additionally abide by all the terms and conditions of Facebook
as stated by them. For Facebook’s Terms and conditions please follow this link and
all sublinks http://www.facebook.com/terms.php
. If a video submission is the form of a link to a video contained in VimeoTM
then you agree to additionally abide by all the terms and conditions of Vimeo as
stated by them. For Vimeo’s Terms and conditions please follow this link and all
sublinks http://www.vimeo.com/terms . You
may not create a user name, post, upload, email or otherwise transmit to Viewbix
Submissions of any kind that is, or within the sole discretion of Viewbix, determined
to be:
- infringing upon the rights of any third party, including but not limited to copyrights,
trademarks, patents, trade secret or other third party proprietary rights, including
privacy and publicity rights;
- promoting infringement of copyright or other third party rights, e.g. providing
a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking,
etc.;
- material that contains software viruses or any other malicious computer code,
files or programs designed to interrupt, destroy or alter the functionality of any
computer software or hardware or telecommunications equipment owned by another party;
- material the subject of a binding confidentiality agreement restricting the dissemination
of any information contained in the Submission;
- patently offensive, abusive, threatening, harassing, stalking, seditious, promoting
violence or hatred or bigotry against any group or individual;
- libelous or defamatory or promotes information that You actually or constructively
know or reasonably can be expected to know is false or illegal;
- material that violates the privacy of others, including but not limited to posting
the photograph or moving image, of another person without that person’s consent;
– obscene, vulgar or contains profanity;
- pornographic, sexually explicit or highly suggestive, or contains nudity;
- disparaging to Viewbix or any party or product, provided, however, that You may
post a Submission including a comparison of products or services.
- video media or files that are longer than 5 minutes in duration or audio media
are longer than 10 minutes in duration;
- unlawful or illegal, criminal or tortious in nature (such as child pornography,
fraud, gambling);
- otherwise objectionable material or that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any applicable
local, state, national or international law or regulation; or
- otherwise inappropriate for Viewbix’s audience.
- Website Policies. In addition, You must agree to adhere to all of the following
guidelines and requirements:
- No Data Harvesting or Mining. You may not perform or cause to be performed any
automated system, including but not limited to “robots”, “spiders”, “offline browsers”
or any other data harvesting activity or screen scraping, nor may You cause more
requests to be made of the Service than could reasonably be made by a human manually
operating a web browser;
- No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise
transmit to or otherwise cause Viewbix to email, transmit or otherwise distribute
chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives
(monetary or click-based), spimming or spamming, or bulk communications of any kind,
whether or not for commercial or noncommercial purposes.
-No Solicitation or Provision of Personal Information. You may not use the Service
to solicit passwords or personal information from any user of the Service under
the age of 18. We discourage Your inclusion of telephone numbers, street addresses,
last names, or other personal information in Submissions.
No Unauthorized Manipulation of the Service. You may not in any way (i) manipulate
identifiers or forge headers in order to disguise the origin of any content or digital
media transmitted through the Service, or (ii) obscure, cover or otherwise conceal
any advertisements served by or for Viewbix that may appear on Your personal member
page or any page on Viewbix via HTML, CSS, Javascript or any other means, or (iii)
circumvent, disable or otherwise interfere with any security measures which may
limit, restrict or prevent use or copying of any Submissions or enforce limitations
on the use of the Service, or (iv) deceptively manipulate content, such as to improve
page rank in search engines, include excessive, repetitive, or irrelevant keywords
in the content or code of web pages, etc.
- No Impersonation or Fictitious Profiles. You may not impersonate any other person
or entity (whether actual or fictitious), otherwise create fictitious profiles or
falsely represent an association with another person or entity without the explicit
authorization of such person or entity.
- No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise
transferring Your profile.
- No Unauthorized Linking or Framing. Should You wish to link to Viewbix, You agree
that You: (i) will not replicate the Service’s content; (ii) will not frame or border
environment around any of the Service’s content; (iii) will not misrepresent any
relationship with Viewbix or imply that Viewbix is connected to or endorses Your
products, services or other offering; (iv) will not have disparaging content or
misinformation about Viewbix on the linking website or source; (v) will ensure the
linking website will not contain any content that is unlawful, may be reasonably
considered defamatory, vulgar, pornographic, or in derogation of Viewbix’s own content
submissions policy;
No Violation of Affiliate Contracts. In the event that You are party to a contract
with a reseller, e-commerce website, or other Internet web site which makes goods
or services available (an “Affiliate”), and your Submission links, refers, or otherwise
directs visitors to such Affiliate web site, You agree to comply with the terms
and conditions of your agreement with such Affiliate.
Despite these prohibitions, Submissions and/or websites that link to Viewbix that
may violate these Terms of Use may be available on the Service and Viewbix assumes
no responsibility or liability. If You become aware of such Submissions, please
contact Viewbix by clicking the “Flag as Inappropriate” button on any page on Viewbix.
Violations of Copyright and Terms of Use
Provided proper notification, Viewbix will remove Submissions that infringe upon
the intellectual property rights of another and reserves the right to remove Submissions
without prior notice. Viewbix assumes no responsibility for monitoring the Service.
In the event it chooses to do so at its discretion, Viewbix assumes no responsibility
for the Submissions or any obligation to remove any inappropriate Submissions or
any responsibility for the conduct of a member submitting inappropriate Submissions.
At its sole discretion, Viewbix may remove any Submission and/or terminate a member’s
account for violating any of these Terms of Use at any time and without notice.
Viewbix will terminate a member’s account who is determined to have been notified
of infringing activity more than twice and/or has had a Submission removed from
the Service more than twice for infringing activity. Viewbix reserves the right,
but not the obligation, to take any appropriate legal action for any illegal or
unauthorized use of the Service or violation of the Terms of Use.
Claims of Copyright Infringement
If You believe in good faith that any material provided through the Service infringes
upon Your copyright, You may send notice to Viewbix requesting that the material
or access to the material be removed, pursuant to the Digital Millennium Copyright
Act (“DMCA”), by providing us with the following information in writing
(see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright
for further details). The notice must include all of the following: (i) an electronic
or physical signature of the copyright owner or person authorized to act on behalf
of the copyright owner;
(ii) sufficient identification of the allegedly infringing material;
(iii) sufficient information as to the location of the allegedly infringing material
so that it may be found and identified;.
(iv) the complainant’s name, address, telephone number and, if possible, Your email
address;
(v) a written statement by the complainant of a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent or the law; and
(vi) a statement by the complainant, under the penalty of perjury, that the information
in the notification is accurate, and under penalty of perjury, that the complainant
is the owner or is authorized to act on behalf of the owner of the copyright that
is allegedly infringed. If You believe in good faith that a notice of copyright
infringement has been wrongly filed against You, You may send Viewbix a counter-notice.
All notices with respect to Viewbix should be sent to
copyrights@Viewbix.com. Viewbix suggests that You consult Your legal advisor
before filing a notice or counter-notice. Also, be aware that there can be penalties
for false claims under the DMCA
Disclaimer Of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIEWBIX
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER “VIEWBIX GROUP”)
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VIEWBIX
GROUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND VIEWBIX GROUP ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS,
(II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS
TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT
MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE
OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE
BY ANY USER OR THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
VIEWBIX GROUP IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED
OR MAY BE AVAILABLE OUTSIDE THE SERVICE. VIEWBIX GROUP MAKES NO REPRESENTATIONS,
WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY
OR LEGALITY OF ANY PRODUCTS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED
OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO
THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, VIEWBIX GROUP WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR
BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND
READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.
Limitation of Liability
IN NO EVENT SHALL VIEWBIX GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF
VIEWBIX GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIEWBIX GROUP FOR THE SERVICE DURING
THE TERM OF MEMBERSHIP. YOU SPECFICALLY AGREE AND UNDERSTAND THAT VIEWBIX GROUP
IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM. SOME STATES
DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS
AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
Indemnification.
You agree to defend, indemnify and hold harmless Viewbix, its shareholders, officers,
directors, employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s
fees) arising from: (i) Your use of and access to the Service; (ii) Your violation
of any term of these Terms of Use; (iii) Your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of Your Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Use and Your use of the
Service.
Dispute Resolution.
Viewbix may elect to resolve any controversy or claim arising out of or relating
to these Terms or our sites in the United States federal courts located in the Southern
District of New York. By accessing Viewbix you submit to jurisdiction in such courts.
All disputes arising from Your relationship with Viewbix shall be governed by the
law of the State of New York, regardless of conflict of law provisions that could
otherwise apply.
General and Miscellaneous
You agree that the Service provided by Viewbix shall be deemed solely based in State
of New York, USA and that the Service shall be deemed a passive online site that
does not give rise to personal jurisdiction over Viewbix, either specific or general,
in jurisdictions other than the State of New York. These Terms of Use, and any rights
and licenses granted hereunder, may not be transferred or assigned by You, but may
be assigned by Viewbix without restriction. Should any provision of these Terms
of Use be invalidated by any court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No presumptions shall
be made against the drafter of this agreement. These Terms of Use, together with
the Privacy Notice at http://beta.Viewbix.com/CORP/Privacy.aspx
and any other legal notices published by Viewbix on the Service, shall constitute
the entire agreement between You and Viewbix regarding the Service. No waiver of
any term of this these Terms of Use shall be deemed a further or continuing waiver
of such term or any other term, and Viewbix’s failure to assert any right
or provision under these Terms of Use shall not constitute a waiver of such right
or provision. YOU AND VIEWBIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact us at questions@Viewbix.com should
You have any questions regarding these Terms of Use.
