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Terms of Use

Welcome to Spotback.com. Spotback.com offers personalized information service to its users.

The website www.spotback.com and all of its subdomains ("Site") are owned and operated by Spotback Ltd. and its affiliates ("Spotback").

THE TERMS OF USE ("TERMS") SET FORTH BELOW DESCRIBE THE TERMS AND CONDITIONS THAT SHALL GOVERN YOUR USE OF THE SITE AND THE SERVICES PROVIDED BY THE SITE ("SERVICES"). BY USING THE SITE AND/OR THE SERVICES, YOU ARE AGREEING TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THE TERMS THEN YOU MAY NOT ACCESS THE SITE NOR USE THE SERVICES. Spotback may amend these Terms at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. These Terms may not be otherwise amended except in a writing signed by you and Spotback.

Registration
1. In order to enjoy certain features included in the Services, you may be required to register your user information with Spotback. As part of the registration process you will be asked to select a user name and password and to provide Spotback with certain information. Selection and use of your user name and password is subject to the terms hereof.
Services
2. Our Services are available only to individuals and/or entities who can form legally binding contracts under applicable law (for example, age over 13).
3. Spotback may change some or all of the Services, add additional Services offered through the Site, discontinue all or part of the Services, restrict access to certain Services or limit certain Services to paying users at any time and in its sole discretion.
User Conduct
4. Generally, you agree to use the Services in a manner that demonstrates good taste and respect for the rights of Spotback and of third parties.
5. You agree that you will not use the Services for any purpose that is illegal, prohibited by these Terms or that is otherwise deemed offensive by Spotback. To that end, you agree, by way of example and not by way of limitation, that you will not:
(i) use the Site and/or the Services in a manner that infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity;
(ii) use the Site and/or the Services in a manner that is libelous, defamatory, slanderous, contains pornographic or other explicitly sexual content, denigrates or offends any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, designed to or does harass, threaten, defame or abuse others, encourages or depicts the conduct of other illegal activity, that contains or links to any viruses or any other programs or technology designed to disrupt or damage any software or hardware or is generally offensive or in bad taste;
(iii) use the Site and/or the Services to create or distribute "spam" e-mail messages;
(iv) interfere with the Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware or to by pass any measures employed by Spotback to restrict access to any part of the Site;
(v) impersonate another person or entity;
(vi) engage in any activity that interferes with any third party's ability to use or enjoy the Services or with Spotback's ability to provide the Services; or
(vii) assist any third party in engaging in any activity prohibited by these Terms.
6. Spotback may at any time without prior notice remove any or all content posted to the Site in contravention of these Terms or otherwise deemed inappropriate by Spotback in its sole discretion.
User Responsibility
7. You understand that all information, whether publicly posted or privately transmitted by users of the Services, is the sole responsibility of the person from whom such content originated. This also means that you, and not Spotback, are entirely responsible for all content that you upload or otherwise make available via the Services. Spotback does not control the content posted by users via the Services and, as such, does not guarantee the legality, non-infringement, accuracy, integrity or quality of such content. Therefore, and without derogating from Section 15 below, under no circumstances will Spotback be liable in any way for any content displayed on or otherwise included in the Site or transmitted via use of the Services by users, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services.
8. You hereby grant to Spotback an unlimited royalty-free worldwide permission to utilize and/or reproduce and/or modify any content submitted to the Site including but not limited to data, text, software, music, sound, photographs, images, trade names, designs, logos, graphics, video, messages, tags and/or other creative works or materials.
Site Content
9. Much of the content displayed by Spotback on the Site is content that is collected and aggregated by Spotback from third party sources ("Third Party Content"). Spotback does not necessarily review all Third Party Content and makes no warranties or representations with respect to Third Party Content, including with respect to its legality, non-infringement, offensiveness, ownership and content. Spotback may remove any content displayed on and/or posted to the Site at its sole discretion and without prior notice.
10. The Site may contain links to third party websites, whether posted by Spotback or by users of the Services. Spotback has no control over and makes no representations with respect to the content or any other aspect of such third party websites and will have no responsibility or liability with respect therewith.
Intellectual Property Rights
11. The Services and any software used in connection with the Services ("Software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Spotback will solely and exclusively own all intellectual property and other rights, title and interest in and to the Services and the Software, and Spotback will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefore and for any continuations and derivative works thereof. You will not by use of the Services or accessing the Site acquire any right, title or interest in any rights of Spotback under these Terms or otherwise.
12. Other than as specifically provided by the Services, none of the content on our site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Spotback or in accordance with the Services.
13. Privacy. Our current Privacy Policy is incorporated herein by reference. We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on our site.
14. No Warranty. WE PROVIDE OUR SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
15. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SPOTBACK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED REQUESTS OR OTHER ECONOMIC ADVANTAGE (EVEN IF SPOTBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SERVICES FOR ANY REASON; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE SITE; (v) ANY RELIANCE ON ANY THIRD PARTY INFORMATION PROVIDED ON OUR SITE, INCLUDING FEEDBACK POSTED BY ANY OTHER USER; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE SITE.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) US$100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
16. Indemnity. You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, including any use by your employees, or your violation of any law or the rights of a third party, including any such violation by your employees, or any violation of the rights of another.
17. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
18. Survival. All provisions of these Terms which by their subject matter should survive termination shall survive termination including suspension of your account and/or rights to use the Services or any part thereof, including without limitation provisions pertaining to ownership, intellectual property, warranty and liability.
19. Notices. Except as explicitly stated otherwise, any notices shall be given by to Spotback, to the following email address feedback@spotback.com (in the case of Spotback) or to the email address you provide to Spotback during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
20. Governing Law and Forum. This Agreement shall be governed in all respects and construed in accordance with the internal substantive laws of the State of Israel, and you hereby consent and submit to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel over all matters relating to this Agreement.