INTERACTIVE MUSIC LTD. - END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (THE "LICENSE AGREEMENT") BEFORE USING THIS PRODUCT. THE PRODUCT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY INTERACTIVE MUSIC LTD. ("IM"), AS SET FORTH BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON YOU, AS AN INDIVIDUAL OR ENTITY, INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS WITHOUT ANY RESERVATION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE.
License
IM grants you a nonexclusive license to use the accompanying software program(s) (the "Software") subject to the terms and restrictions set forth in this License Agreement. You are not permitted to lease or rent, distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). In addition, this License Agreement does not grant you any rights to patent, copyrights, trade secrets, trademarks, or any other rights with respect to the Software, except as explicitly provided below.
The Software is licensed to be used on any personal computer. With respect to the Software, you may reproduce and provide one (1) copy of such Software for each personal computer on which such Software is used as permitted hereunder. Otherwise, the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software as permitted hereunder. You must reproduce and include all copyright notices and any other proprietary rights notice appearing on the Software on any copies that you make.
This license covers the current version of the Software and any update thereto unless IM, in its sole discretion, decides to require a new license for the download of an updated version of the Software.
Third-Party Software
Any software provided with the Software by a party other than IM ("Third Party") is included for use at your option. If you choose to use such Third-Party software, such use shall be governed by such Third Party's license agreement.
Permitted Use
The Software is for private, non-commercial, entertainment use only. The Software is intended only for use with public domain or properly licensed content. You are responsible for complying with all trade regulation and laws, both foreign and domestic.
Restricted Use
You may not rent, lease or transfer rights to the Software except as expressly provided for in this License Agreement. You may transfer the Software and this License Agreement to another party if the other party agrees in writing to accept the terms and conditions of this License Agreement. If you transfer the Software, you must at the same time either transfer all copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or your rights under this License Agreement.
Modification, adaptation, reverse engineering, reverse compiling, translation or disassembly of the Software is expressly prohibited.
Trade Secrets; Title
You acknowledge and agree that the structure, sequence and organization and code of the Software are the valuable trade secrets of IM. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and all subsequent copies thereof, regardless of the form or media, are held by IM.
No Warranty
The Software is being delivered to you AS IS and IM makes no warranty as to its use or performance to the fullest extent permitted by applicable law. IM DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. IM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL IM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN IM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
The above disclaimer also applies to any Third-Party Software embodied in the IM Software.
Governing Law and Forum
This License Agreement shall be solely governed by the laws of the State of Israel, and you agree that the United Nations Convention on Contracts for the Sale of Goods (1980) is hereby excluded in its entirely from application to this License Agreement. Any dispute or claim with respect to this License Agreement shall be submitted to the competent courts in Tel-Aviv, Israel, which shall have sole and exclusive jurisdiction in such matter.
Term and Termination
This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately, without any requirement of notice by IM, if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies and merged portions in any form.
Severability
In the event that any provision of this License Agreement is found to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service. This shall not affect the validity, legality and enforceability of any of the remaining provisions, and a valid, lawful and enforceable provision of similar intent and economic impact shall be deemed to be replace such provision.
Entire Agreement
This License Agreement sets forth the entire understanding and agreement between you and IM, supersedes all prior agreements, whether written or oral, with respect to the Software and may be amended only in writing signed by both you and an authorized representative of IM.
Interactive Music Ltd.
_________________________________
INTERACTIVE MUSIC LTD. - TERMS OF SERVICE
BEFORE USING OUR SITE AND ANY OF OUR SERVICES, YOU SHOULD READ THESE TERMS OF SERVICE CAREFULLY.
Interactive Music Ltd. ("IM") provides its users with an interactive communication tool and other interactive communication services for entertainment purposes. In addition, parties other than IM ("Third Parties") may provide information, software, and other content (collectively: "Third-Party Content") which may be accessed through the IM Web site. These Terms of Service are intended to make the online information usage and communications a positive and secure experience for all IM users.
Acceptance of Terms of Service
By using the IM Web site, you, as an individual or entity, signify that you agree to comply with the following provisions ("these Terms of Service") and any other policies posted on the IM Web site. If you do not agree to these Terms of Service, you may not use our site.
You may no longer be bound by these Terms of Service at any time by ceasing to access the IM Web site, or any of the services provided therein and/or destroying all materials (if applicable) obtained from IM and all related documentation and all copies and installations thereof, whether made under these Terms of Service or otherwise.
Scope of Agreement
In addition, whenever you use a particular IM service, you and IM shall be subject to any additional posted guidelines or rules applicable to such services.
Right to change the Terms of Service
IM has the right to amend or modify these Terms of Service, as well as to add or remove parts of them at any time and at its complete discretion. Please check these terms of service periodically for changes. IM will make its visitors aware of such changes by using the term "Updated" next to the "Terms of Service" link at the bottom of the page. Your continued use of our site following the posting of changes to these terms of service will mean you agree to be bound by those changes. For our registered users, the next time you connect to the Internet, a dialog box will pop up. This dialog box will contain a notification that our Terms of Service have changed and include a link to the updated Terms of Service. By clicking the "ok" button at the bottom of the dialog box, you shall agree to the updated Terms of Service. If you do not agree to the updated Terms of Service, you may chose not to use the IM Web site, including our products and services any more.
DESCRIPTION OF THE SERVICE
Service available to users (the "Service(s)")
IM, through its Web site, currently allows its registered users to:
* download interactive software, subject to the License Agreement;
* upload content to their homepage;
* present, at the discretion of IM, video clips on IMTV;
* communicate with other users through our communication services, such as e-mail and chat-rooms;
* access news and information provided by IM;
* participate in contests and other such activities; and
* personalize the content of the IM site;
Unregistered users ("Visitors") may view the IM news and most of the contents of the IM Web site.
Service free of charge
Even though the IM Service is provided free of charge, you understand that this does not cover any charges or costs relating to your Internet Service Provider or telecommunications provider.
Disclaimer with regard to user communications and personalization settings
You understand and agree that the Service is delivered to you "AS-IS" and that IM assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. IM further assumes no responsibility for the accuracy and correctness of any information provided on its Web site.
LINKS TO THIRD-PARTY SITES
The Service may contain links, through advertising or otherwise, to other Web sites ("Linked Sites"). The Linked Sites are not under the control of IM and IM is not responsible or liable for the communications or materials of any Linked Sites. IM is providing these links to you for your convenience and to advertisers to promote their own sites or products, and the inclusion of any link does not imply endorsement by IM of the Linked Site or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Site. You are strongly encouraged to evaluate any Third-Party sites, including Linked Sites, as you are solely responsible and liable for any interactions you may have with such sites, their sponsors and other Third Parties.
IM is not able to inspect or confirm that the material contained on the Web pages that are linked to or from the IM Web site is correct in every case. Furthermore, IM is not responsible where a link is found to be invalid or has been altered.
PRIVACY POLICY/OTHER POLICIES AND RULES
Your personal information is subject to our Privacy Policy, which you should read in its entirety. The Privacy Policy, as well as other policies or rules posted by IM, form an integral part of these Terms of Service. Acceptance of these Terms of Service constitutes acceptance of the Privacy Policy and all other policies and rules posted by IM.
MEMBER CONDUCT
Responsibility for uploaded content
You understand that all information, software, music, sound, photographs, graphics, video or any other materials or communications ("Content") which includes any Member Materials as defined below, whether publicly posted on IM's Web site or privately transmitted through IM's Web site, are the sole responsibility of the person or entity from which such Content originated and not of IM. This means that you, and not IM, are entirely responsible for all Content that you upload, post, e-mail, download, distribute or otherwise transmit via, or in connection, with the Service and any associated costs.
No Editing or Monitoring
IM does not control, monitor or edit the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. However, IM reserves the rights to review and remove any content in accordance with the provisions of these Terms of Service or refuse the transmission of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You bear all the risks associated with the use of or exposure to any Content.
No liability for content
UNDER NO CIRCUMSTANCES WILL IM BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE DOWNLOAD OR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE.
Preservation/Disclosure of Content
You acknowledge and agree that IM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms of Service;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of IM and its employees, its users and the public.
Member conduct
You may only use the IM Web site for legal purposes. You warrant and covenant to IM that you will not use the Service to:
* upload, post, e-mail or otherwise publish, distribute, disseminate or transmit any Content that is unlawful, harmful, fraudulent, threatening, abusive, harassing-including any spam, junkmail or other unsolicited mail;
* upload, post, e-mail or otherwise publish, distribute, disseminate or transmit any Content that is defamatory, vulgar, obscene, libelous, invasive of another person's (may this person be unborn, alive or dead) or entity's privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law;
* upload, post, e-mail or otherwise publish, distribute, disseminate or transmit any Content that contains derogatory statements about IM, IM's Web site, products and services, or derogatory statements about IM's competitors, their Web site, products and services.
* harm anyone in any way;
* impersonate any person or entity, including, but not limited to, employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* upload, post, e-mail or otherwise publish, distribute, disseminate or transmit any Content that you do not have a right to transmit under any law, including, but not limited to copyright laws, or under contractual or fiduciary relationships, without express authorization from the owner of such Content;
* upload, post, e-mail or otherwise publish, distribute, disseminate or transmit any material that contains software viruses or any other computer code, files or programs designed or able to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* interfere with or disrupt the Service, the enjoyment of the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
* collect, harvest or store personal data about other users, including IP addresses and user's e-mail addresses.
Member conduct with respect to links
In addition, you warrant and covenant to IM that you will not place links on your IM homepage, or as part of any other material which you upload, post, e-mail or otherwise publish, distribute, disseminate or transmit through IM's Web site, to Web sites with unlawful content or that pursue unlawful purposes.
Risk of false determination
You assume all risks in determining whether any material that you upload to the IM site may violate third party rights and/or these Terms of Service, the License Agreement, our Privacy Policy, or any other agreement between you and IM, or other IM policy.
Password Security
IM will grant access to the IM Member Accounts where a valid member ID and matching password have been entered by the user. IM reserves the right to modify member ID's and password at any time at its sole discretion. You may not share your password with any other person. In any event, you, and not IM, are solely responsible for the security and secrecy of your password and solely bear any risks related to the misuse of your password by other users.
MATERIALS PROVIDED TO IM OR POSTED TO THE SERVICE
No Ownership, but Right of IM to Use Member Materials
IM does not claim ownership of the materials you provide to IM or post, upload, input or submit to the Service (collectively "Member Materials"). However, by posting, uploading, inputting, providing or submitting Member Materials you are granting IM, its affiliated companies, business partners and licensees a worldwide, perpetual, royalty-free right to use Member Materials in connection with all aspects of the operation and promotions of their Internet businesses, including but not limited to, the rights to:
Copy; Distribute; Transmit (digitally or otherwise); Publicly display; Publicly perform; Reproduce; Edit; Reuse; Translate and Reformat Member Materials; and to Publish your name in connection with Member Materials.
No compensation for Member Materials
No compensation of any kind will be paid and you hereby agree that none is owed with respect to any use by IM or its licensees or business partners of any Member Materials.
Posting/Removal of Member Materials
IM is under no obligation to post or use any Member Materials and may remove any Member Materials at any time at IM's sole discretion.
Warranties and representations implied in Member Material
By posting, uploading, inputting, providing or submitting your Member Materials, you warrant and represent that you own or otherwise control all of the rights to your Member Materials as described in this section, that your Member Materials do not violate any law, regulation or any right of any third-party and are not designed to or will not in any way have deleterious effect on IM, other users or any computer, network, software or hardware.
COPYRIGHT ISSUES
Notification Procedure for Copyright Issues
IM is committed to protecting the copyrights of third parties and encourages notification of any copyright issues that might arise in connection with the IM Web site and/or the IM products and services.
Because IM does not control, monitor or edit the Content posted via the Service, any copyright complaints that were uploaded, posted, or e-mailed to IM's Web site, or otherwise published, distributed, disseminated or transmitted using IM's Web site do not constitute a notice to IM of such copyright issues. Such notice can only be effected in the following way:
All claims of copyright infringement should be sent in writing via postal services, facsimile transmission or e-mail, and should be directed to the following electronic mail address: info@imvamp.com
Claims of copyright infringement should include all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of a copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single claim, a representative list of such works at that Web site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IM to locate the material;
4. Information reasonably sufficient to permit IM to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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;
6. A statement that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IM's PROPRIETARY RIGHTS
With regard to Software
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
With regard to Material on the site
You further acknowledge and agree that all material on this site, including, but not limited to, editorial content, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, patents or other proprietary rights which are owned and controlled by either IM or by other parties that have licensed their material to IM, including other users.
Prohibited use of Material
No material from IM or any Web site owned, operated, licensed or controlled by IM may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of IM's and its licensors' copyright and other proprietary rights. For purposes of these Terms of Service, the use of any such material on any other Web site or networked computer environment is prohibited.
Trademarks
All applicable trademarks, service marks and trade names are proprietary to IM.
Derivative works
Except as expressly authorized by IM, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SOFTWARE AVAILABLE ON THE SERVICE
Copyright for IM Software
Software (if any) that is made available to download from the Service, excluding software that may be made available by end-users, is the copyrighted work of IM and/or its suppliers and licensors.
License Agreement
Your use of the software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Software without License Agreement
For any Software not accompanied by a license agreement, excluding third party software, IM grants you a personal, non-transferable and non-exclusive right and license to use software on a single computer; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
Prohibited use of Software
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
COMMENTS AND SUBMISSIONS
Comments, suggestions and new ideas
IM welcomes all of your comments, suggestions and new ideas. However, IM does not guarantee their implementation. When you submit unsolicited comments, suggestions or new ideas to IM, each of them shall become and remain the sole property of IM.
Submissions
If you send us directly any original creative materials that was not specifically requested by us, all right, title and interest in such materials shall be deemed assigned to us by you and shall remain the sole property of IM.
Member materials posted or submitted to user areas of IM are subject to the licenses granted herein.
TERMINATION
Termination of individual use of service
You agree that IM, in its sole discretion, may terminate your access to the IM Web site by termination of your password, account (or any part thereof) or use of the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if IM believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that IM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
Discontinuation of Web site/service/part of service
IM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You understand that discontinuation of the entire Service means the deletion of our account and all related information and files in your account. IM therefore strongly encourages you to keep copies of the content you post or upload to its site. IM will not return materials that were posted or uploaded to the IM site upon termination of the entire Service.
Consequences of any kind of termination
Upon termination, of your access to the IM Web site, as well as discontinuation of the IM Web site, you must destroy all materials obtained from this site and any and all other IM site(s) and all copies thereof.
Disclaimer with regard to termination, discontinuation and removal of Content
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL IM OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TERMINATION OF THE INDIVIDUAL USE OF THE WEB SITE, THE DISCONTINUATION OF THE WEB SITE, THE SERVICE, OR PARTS THEREOF OR THE REMOVAL OF ANY USER CONTENT OR OTHER CONTENT FROM THE WEB SITE.
DISCLAIMER OF WARRANTIES
WHILE IM USES ITS BEST EFFORTS TO MAINTAIN THE IM WEB SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
* THE WEB SITE, INCLUDING ALL INFORMATION, SERVICES PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
* IM DOES NOT PROVIDE ANY ASSISTANCE OR SUPPORT FOR THE USE OF THE IM WEB SITE.
* TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
* IM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
* IM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, QUALITY OR OTHERWISE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
* IM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY DOCUMENTATION OR INFORMATION PROVIDED IN CONNECTION WITH THE SOFTWARE AVAILABLE FOR DOWNLOAD ON THE IM WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, QUALITY OR OTHERWISE. THE USE OF ANY INFORMATION OR DOCUMENTATION DOWNLOADED, REQUESTED OR OTHERWISE OBTAINED FROM IM IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL IM OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS WEB SITE, ANY IM SITE OR THE SERVICE, EVEN IF IM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILTY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
PRODUCT LIABILITY ISSUES
Because IM does not control, monitor or edit the Content posted via the Service, any complaints regarding IM's Web site, products or services that were uploaded, posted, or e-mailed to IM's Web site, or otherwise published, distributed, disseminated or transmitted using IM's Web site do not constitute notification of any defect. Such notice can only be effected by e-mail to info@imvamp.com.
INDEMNITY
You agree to indemnify and hold IM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, cause of action, or demand, including all attorneys' fees, made by any third-party due to or arising out of any Content you submit, post to or transmit through the Service; your use of the Service or any IM Web site or any Software; your connection to the Service, your violation of or failure to adhere to these Terms of Service; your status as an IM user, member or visitor or your interaction with any third-party on the Internet or the World Wide Web.
GENERAL
Governing Law and Forum
These Terms of Service shall be solely governed by the laws of the State of Israel excluding the conflicts of law rules. Any dispute or claim with respect to these Terms of Service shall be submitted to the competent courts in Tel-Aviv, Israel, which shall have sole and exclusive jurisdiction in such matter.
Severability
In the event that any provision of these Terms of Service is found to be invalid, unlawful or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service. This shall not affect the validity, legality and enforceability of any of the remaining provisions, and a valid, lawful and enforceable provision of similar intent and economic impact shall be deemed to be replace such provision.
Entire Agreement
This is the entire understanding and agreement between IM and you relating to the subject matter herein, superseding all other agreements, whether oral or in writing.
Limitations period
Notwithstanding any law to the contrary, you agree that any claim or cause of action arising out of or in connection with the use of the Service or these Terms of Service must be filed within one (1) year after such claim or case of action arose.
Questions/Contact
If you have any further questions regarding these Terms of Service, you can contact us at info@imvamp.com
