Terms of service

Terms of Use
Last updated on [17th Oct 2023]
Acceptance
These Terms of Use (“Terms”) are a legally binding agreement between you (“User”, “you”, or any variations thereof) and My5friends.com, and/or any affiliate thereof (collectively: “Company”, “us”, “we”, or any variations thereof), and shall cover your browsing and any other use of the My5friends com (the “Domain”), including all products, features, software, programs, technology, plug-ins, graphics, components, and all related applications, and any content and/or URL pages included under the said Domain (collectively: the “Website”).
From time to time and at its sole discretion, Company may amend, change or replace these Terms, by posting updated versions at the Domain or by notifying you by other means. All such modifications to the Terms shall become effective upon the posting of the revised Terms or by receipt of notification of a change to the Terms. If you do not agree to the new or different Terms, you should not use or access the Services.
Website
1. Purpose. Use of our Website includes accessing, browsing, uploading content or registering to use our site.
2. No Endorsement; No Recommendations. Our Website is provided to you for leisure purposes only, and any content provided under it should be taken as such (and in order to remove any doubts, should not be based upon in making any decisions, nor reflecting or otherwise implying anything about yourself and/or anyone else). Nothing included under the content provided under the Website should be deemed as any recommendation or endorsement, nor any other opinion (whether positive or negative), regarding the subject matter of such content.
3. No Warranties. We do not make any warranties and/or representations regarding any information and/or content presented on the Website.
Use of Website
1. You acknowledge that any rights granted to you herein, are non-exclusive, such that any use of the content offered to you and/or made available to you via the Website, is subject to the herein terms. You further understand that your access to the website is also subject to you having an internet connection (charges of different vendors of internet services may apply).
2. Website Guidelines. In addition to the foregoing, when browsing and/or otherwise using the Website, you will strictly adhere with the Website guidelines published by the Company from time to time, which are currently as follows:
Browse, surf, process, scan or use the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
Manipulate the URL of the Website, or otherwise gain access to any internal pages to which the Company has not provided you with a direct link (including, without limitation, URL Hacking);
Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Website;
Carry out any action which may infringe the copyrights and/or any other proprietary of the Company or any other copyright holder;
Promote advertisements or disruptive commercial messages;
Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer the Website and/or any components thereof (including any Company Content, or other users’ content) and/or act to collect, harvest and/or data mine any data associated with the Website and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts (as defined below), etc.;
Handle and/or otherwise use any content offered or displayed on the Website in any manner or way that violates these Terms;
Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Website and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;
Intimidate, threaten, harass or abuse anyone in any manner;
Steal or attempt to steal passwords or other private information from other users of the Website;
Distribute, post or make any other use (or otherwise encourage or solicit the consumption or performance of) any illegal, explicit, inappropriate, racist, offending, defaming, disparaging and/or abusing content, or any content which deems to infringe any third party proprietary rights (including the Company’s rights);
Embed, or attempt to embed any content provided under the Website (including without limitations, by form of API) in other websites and/or applications.
Carry out any action which violates any community guidelines, Terms and/or Privacy Notice, as prescribed herein and/or as otherwise published by the Company from time to time.
1. External Links. You understand that our Website may contain certain external links to third party websites (including those of our business clients offering the Output Content) and/or any other promotional materials (the “External Content”). The External Content might be based upon information collected by us from our users, in accordance with our Privacy Notice. Regardless, we have no control over the content of the External Content, the order of its presentation or its accuracy, and we are not a direct party to any transaction resulting from such External Content (if applicable), and therefore assume no responsibility and/or any liability in that respect. In addition, we provide no warranty that the access, browsing and/or consummation of any External Content shall be safe, nor that the owners or controllers of such External Content have undertaken any security or protection measures (for example, we cannot verify, nor do we warrant, that the External Content shall be free of any errors, malware, spyware, phishing, Trojan horses, data mining and/or collection, or the likes thereof). Your use of any External Content shall be at your sole risk. We highly recommend you to verify the origin of any External Content prior to gaining access or otherwise using it.
Content and Ownership
Company’s Content:
Ownership. As between your relations with the Company, all rights, title and interest in and to any and all copyrightable materials and/or any other content pertaining to the Website which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, shall vest solely with the Company (“Company Content”).
No Other Rights. It is hereby clarified that these Terms do not grant any right or interest in or to the Company’s intellectual property (or any part thereof), including without limitations, any Company Content, except only for the limited license to browse the Website. Nothing in these Terms constitutes an assignment or waiver of any of the Company’s intellectual property rights under any law.
Privacy and Data Protection
1. In addition to these Terms, your use of the Website is also subject to our Privacy Notice, which informs you of our policies and procedures regarding the collection, use and disclosure of information we receive when you visit our Website.
Newsletters and Communications
1. You may register with us in order to receive information and newsletters from us regarding the content presented on the Website. The transmission of such information, and our use and collection of the information we collect within that course, including the manners for opting out of such subscription, is as prescribed in our Privacy Notice.
Limited Warranties
1. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE WEBSITE, including THE CONTENT displayed WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; including without limitations, in connection with any errors, bugs, viruses, Trojan horses and/or any other form of malware, server runtime and/or downtime (including any interruption or cessation of any data received and/or otherwise transmitted within the scope of the use of the Website), server security measures, INFORMATION Provided by other users and/or yourself 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 Website, OR IN CONNECTION WITH ANY USERS’ (INCLUDING YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS. (II) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND
Limitation of Liability
1. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DELAY, ADVERSE EFFECT, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS WEBSITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS WEBSITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THESE TERMS, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS WEBSITE OR YOUR WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
2. SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE Website (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE WEBSITE (IF PAID) OR US$100.
3. WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER’S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE website.
Indemnification
YOU SHALL INDEMNIFY THE COMPANY, ITS DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND/OR ANY AFFILIATES (COLLECTIVELY: THE “INDEMNITEES”), FOR CLAIMS, SUITS, LOSSES AND/OR DAMAGES RESULTING FROM YOUR USE OF, ACCESS TO OR RELIANCE ON THE WEBSITE, OR THE CONTENT OR FROM ANY 3RD PARTY CLAIMS OR COMPLAINTS ARISING FROM, OR IN CONNECTION WITH, YOUR FAILURE TO ACT IN ACCORDANCE WITH THESE TERMS, UPON THE INDEMNITEES’ FIRST DEMAND.
Governing Law; Class Action Waiver
1. Subject to any applicable law, all disputes between you and the Company shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
2. These Terms and/or any other manner pertaining to your use of the Website shall be governed and construed in accordance with the laws of the State of Israel, and the competent courts of Tel-Aviv, Israel, shall have sole and exclusive jurisdiction over any matter arising thereof. Both parties acknowledge the said forum as an adequate and appropriate forum which shall not cause any undue hardship on any of the parties.
Assignment
You may not assign any rights and/or obligations you may have under these Terms of Service and/or Privacy Notice without the prior written consent of the Company. The Company may freely assign any of its rights and/or obligations herein, without limitations.
Termination
1. You may terminate your relations with the Company in connection with the use of the Website at any time, by ceasing to browse the Website. However, matters pertaining to our use and collection of your information following such termination shall be governed by our Privacy Notice.
2. The Company may terminate the license and other rights granted to you herein, in accordance with the provisions of these Terms, by notifying you, or otherwise applying applicable means to restrict or otherwise block access thereto.
3. . Grounds for termination may be, but are not limited to, any breach by you of these Terms, and or your lack of acknowledgement (to the extent required) of any amendment thereto.
4. However, the Terms of Service in effect on the date of such termination, shall continue to be in force in connection with your use of the Website until the date of such termination (AND THE TERMS OF SECTIONS ‎4, ‎6 THROUGH ‎10 (Inclusive), SHALL SURVIVE ANY TERMINATION, REGARDLESS OF REASON AND IDENTITY OF THE TERMINATING PARTY.
Contacting Us
If you have cause to believe any content found to be in violation of these Terms and/or infringe any 3rd party proprietary rights and/or applicable law, kindly notify us of such content via email to info@my5friends.com, stating the violating content and the nature of the violation.