AGREEMENT TO TERMS
These Terms of Use constitute a legally binding
agreement made between you, whether personally or on
behalf of an entity (“you”) and Tali Taisiya Melter from
"Fantastic Israel" ("Company", “we”, “us”, or “our”),
concerning your access to and use of
the www.fantasticil.co.il website as well as any other
media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the
Site, you have read, understood, and agreed to be bound
by all of these Terms of Use. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for
any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use,
and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically review
these Terms of Use to stay informed of updates. You will
be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us
to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to
access the Site from other locations do so on their own
initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years
old. Persons under the age of 18 are not permitted to use
or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by
us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property
rights and unfair competition laws of the State of Israel,
international copyright laws, and international conventions.
The Content and the Marks are provided on the Site “AS
IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to
which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content
and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) you have the legal capacity and you agree to
comply with these Terms of Use;
(2) you are not a minor in the jurisdiction in which you
reside;
(3) you will not access the Site through automated or
non-human means, whether through a bot, script,
or otherwise;
(4) you will not use the Site for any illegal or
unauthorized purpose; and
(5) your use of the Site will not violate any applicable
law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site
may not be used in connection with any commercial
endeavors except those that are specifically endorsed or
approved by us.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content.
We may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As
such, any Contributions you transmit may be treated in
accordance with the Site Privacy Policy. When you create
or make available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights
of any third party.
2. You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other
users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or
permission of each and every identifiable individual person
in your Contributions to use the name or likeness of each
and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or
threaten physical harm against another.
9. Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or
publicity rights of any third party.
11. Your Contributions do not contain any material that
solicits personal information from anyone under the age of
18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors;
13. Your Contributions do not include any offensive
comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of
Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates
these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the
Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store,
process, and use any information and personal data that
you provide following the terms of the Privacy Policy and
your choices (including settings).
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback
for any purpose without compensation to you.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for
any statements or representations in your Contributions
provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against
us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by
you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions
for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original
with you or that you have the right to submit such
Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all
files and content that are excessive in size or are in any
way burdensome to our systems; and (5) otherwise
manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning
of the Site.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect
while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF
THESE TERMS OF USE, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SITE OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take
appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no
obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the
Site without notice at any time. We will not be liable to you
or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times.
We may experience hardware, software, or other
problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for
any reason without notice to you. You agree that we have
no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection
therewith.
GOVERNING LAW
These Terms shall be governed by and defined following
the laws of State of Israel.
Tali Taisiya Melter and yourself irrevocably consent that
the courts of Israel shall have exclusive jurisdiction to
resolve any dispute which may arise in connection with
these terms.
CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-
AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-
PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) use of the
Site; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these
Terms of Use; (4) your violation of the rights of a third
party, including but not limited to intellectual property
rights; or (5) any overt harmful act toward any other user
of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and
control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon
becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site
for the purpose of managing the performance of the Site,
as well as data relating to your use of the Site. Although
we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site. You
agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or
corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent
to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other
communications we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic
means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute
the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision
of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all
of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void,
or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership,
employment or agency relationship created between you
and us as a result of these Terms of Use or use of the
Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of
Use.
CONTACT US
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site,
please contact us at:
Tali Taisiya Melter
P.B. 310
Pika st 13
Binyamina
Israel
Phone: +972-546702040
Fantastic.israel@gmail.com