Dadaviz Terms of Service

Wikibrains Ltd. provides the Dadaviz, (“we”, “us” or “Dadaviz”) a community and platform which allows users to view and share data, charts and graphs. [Note: Please confirm corporate entity and this description of the services you provide] These Terms of Service (these “Terms”) constitute a legal agreement between Dadaviz and yourself (“you”). By accessing or using the Dadaviz Internet site (“Site”) and any service provided by us (“Service”) you agree that you have read, understood, accept and agree to be bound by these Terms, as well as our Privacy Policy, which is available at dadaviz.com/pages/privacy. If you do not agree to these Terms or the Privacy Policy, do not access or use the Site or any Services provided through the Site.

We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. Your continued use of the Site or the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.

You agree that we may modify any part of the Site or Service, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability. In addition, we may begin or cease to charge for your use or access of any part of the Site or Service, or increase or decrease any amounts we charge for the use or access of the Site or Services, at any time in our sole discretion.

Use of the Site and Services

Subject to your agreement and compliance with these Terms, we grant you the non-exclusive and non-transferable, revocable and limited right to access and use the Site and Services for your own personal use. You may not use the Site or the Services as a service bureau or to assist third parties. You must be 18 years of age or older to use the Site or the Services or have the permission of your parent or guardian. You may not use the Site or the Services if your access to or use thereof violates any applicable law or regulation.

Accounts

During the process of requesting an account to access the Service (“Account”), you will be asked to select a username and password. You may also register to use Dadaviz by connecting through a social network account such as Facebook or Twitter. By registering through a social network account you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to such social network’s terms and conditions. You agree that you will supply accurate and complete information to us in the creation of your Account and the use of the Site and Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. After provision of all applicable information, Dadaviz will determine in its sole discretion whether to allow you to open an Account as a contributor (“Contributor”) or a visitor together with Contributors, “Users”). You will not have access to the full functionality of the Site and the Services if Dadaviz does not allow you to open an Account.

You shall not share your Account or login information with any third party, nor let any third party access your Account, and are responsible for maintaining the confidentiality of the login information for your Account. You are solely responsible for all uses of your Account and your login information, whether by you or any third party. In the event you become aware of or reasonably suspect any breach of security of your Account or any unauthorized use or disclosure of your login information, you must notify us immediately.

Termination of Account

You agree that we may for any reason, in our sole discretion and without notice, terminate your Account, and remove any User Content (as defined below) associated with your Account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, the community ethos of our Site or Services, or our business interests. In the event that we terminate your Account, you may not register for the Site or the Services again without our express permission. If you believe that any action has been taken against your Account in error, please contact us at info@dadaviz.com.

If we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site or through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or User Content of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your Account at any time and for any reason by sending an email to info@dadaviz.com.

Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Intellectual Property

Dadaviz and its licensors own the Site and Services, including any material or content made available through the Site and Services, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Site or Services (including any User Content), except for content, works or images that you have submitted yourself. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.

Contributors may upload data, charts, maps, diagrams or images to the Site or Services [Note: Please confirm what may be uploaded]. By uploading any image or other work (“User Content”) to the Site or Services or providing any User Content to Dadaviz, the Contributor represents and warrants that such image or other work is the original work of such Contributor, that it does not infringe the intellectual property, privacy or moral rights of any third party, that it does not contain any defamatory, libelous, obscene or other harmful or offensive content, and that it does not violate any applicable law or regulation. Furthermore, by uploading any User Content to the Site or Services or otherwise providing any User Content to Dadaviz, the Contributor hereby grants us and our affiliates a worldwide, non-exclusive, perpetual [Note: Should the license granted by Contributors be perpetual, or should it terminate if an Contributor terminates his/her account?], royalty-free license to publish, perform, display and distribute such User Content in any form (a) as part of the Site and the Services, or (b) in order to promote and market Dadaviz, the Site and the Services. We will not modify or create derivative works of such uploaded image or work, though we may resize or crop such image in order to ensure that such image or work is suitable for our promotional or marketing activities or for use as part of the Site and the Services. [Note: This license provision limits your rights to modify works submitted by Contributors. Please confirm] By uploading any User Content to the Site or Services or otherwise providing any User Content to Dadaviz, you also allow Users to post, transmit or distribute such User Content through social media (such as Facebook) according to the functionality provided by Dadaviz and such social media platform.

We reserve the rights to remove, suspend access to or permanently delete any User Content, without notice, including without limitation any User Content that in our reasonable view violates the warranties set forth above or the community ethos of the Site and Services. Such decisions shall be made in our sole discretion and you shall have no claim in respect of any such decisions by us.

You are not required to provide us with any feedback or suggestions regarding the Site or Services. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of the Site or Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.

Infringement

We do not endorse any User Content, and we expressly disclaim any and all liability in connection with User Content submitted by any User or other third party. We do not permit or condone copyright infringement or infringement of intellectual property rights on or through the Site and Services. We will remove all infringing user-submitted Content if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time. Generally, it is our policy to terminate the accounts of repeat infringers.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Site and Services or made available through the Site or Services infringes their rights under United States copyright law. If you believe that something appearing on the Site or Services or made available through the Site or Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us at info@dadaviz.com.

Rules of Use

You may not, nor may you assist other parties to (a) copy, modify, or create derivative works of the Site or Services, (b) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Site or Services, or (c) attempt to disable or circumvent any security mechanism of the Site or Services. You agree that you will not: (a) solicit another person’s password or other personal information under false pretenses; (b) impersonate another user or otherwise misrepresent yourself in any manner (including creating multiple Accounts or personas) whether to another user, to us, or otherwise; (c) violate the legal rights of others, including defaming, abuse, stalking or threatening users; (d) infringe the intellectual property rights, privacy rights, or moral rights of any third party, (e) post or transmit any User Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) violate any applicable law, rule or regulation, (g) publish falsehoods or misrepresentations; (g) posts or transmit any material that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Site and Services; (h) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (i) circumvent, disable, or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any content; or (j) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Site or Services. In addition, you may not use the Site or the Services to advertise, solicit or transmit any commercial advertisements, including chain letters, junk email or repetitive messages.

Content Linked to by Dadaviz

Portions of the Site or Services (including, without limitation, advertisements) may involve linking to or using websites belonging to third parties. The Site or Services may also provide you with links to access the websites of third party retailers. We have no control over third-party websites, and all use of third-party websites is at your own risk. Additionally, Dadaviz cannot accept responsibility for any payments processed or submitted through such third party websites, or for the privacy policies of any such websites. Dadaviz is not responsible for content or services available by means of such websites. Dadaviz does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party websites.

No Warranties; Disclaimer

Dadaviz cannot and does not take any responsibility for the actions of any User. Furthermore, Dadaviz makes no representations or warranties regarding the work created or provided by any Contributor, including any representations or warranties in respect of the quality or suitability of any work created or provided by such Contributor or whether the work of such Contributor infringes the rights of any third party. Dadaviz shall have no liability in respect of any work provided by any Contributor, or with respect to any actions that you take or refrain from taking with respect to any work provided by any Contributor or any User Content. Your use of any aspect of the Site and Services is at your own risk.

We make no representations or warranties whatsoever in respect of the Site and Services or any content or User Content. We cannot accept any liability whatsoever in respect of any content which is provided by third parties, including Contributors or other Users. except as expressly stated in these Terms, to the maximum extent permitted by applicable law, everything available on or through the Site and Services is provided to you “AS-IS” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Site, the Services or any content, User Content or material received by you from any Contributor or User or from the Site or the Services.

Limitation of Liability

Dadaviz assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content or User Content. Dadaviz is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site and/or Services, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site and/or Services. Under no circumstances shall Dadaviz be responsible for any loss or damage, including personal injury or death, resulting from use of the Site and/or Services, from any User Content posted on or through the Site and/or Services, or from the conduct of any Users of the Site and/or Services, whether online or offline.

To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Site and Services, User Content or content. In any case, our entire liability under any provision of these Terms shall not exceed amounts paid by you directly to us for the use of the Site and Services hereunder. As such, if you have not made any payments to us in order to use the Site and the Services, we shall not have any liability to use whatsoever.

Indemnification

You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site and Services, including any Claims resulting from your posting or sending of any User Content; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right by any User Content you post, or submit; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site and Services shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Site and Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. [Note: Let’s discuss governing law and jurisdiction] In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing.

Last updated: August, 2015